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If there is a wage garnishment, a portion of one’s income can be protected by using a claim of exemption form. If a claim of exemption form is submitted, one may be able to save a possible freeze on one’s bank account. By doing so, financial difficulties can be avoided. Below are answers to a few of the questions regarding claim of exemption: Q. Should the spouse of a person filing a claim of exemption on execution, part with one’s personal property?
If a person has filed for claim of exemption on execution, then only his\her property can be attached to the debt by the creditor. Property belonging to the spouse cannot be attached to the debt. Consider a situation where a claim for exemption is filed by the husband. The wife’s jewelry, car or furniture cannot be attached to the debt. However, one has to be careful to list property that belongs to oneself only while filling and submitting the exemption forms. Q. What can transpire at the hearing if the creditor decides to challenge a claim of exemption?
Hearings of such nature are generally informal and are mostly not held in the court room, but in a room next to the court room. Documents that are submitted by one would be reviewed and one would most likely be offered a payment plan agreement. If there is consensus regarding the payment plan, then the plan would be recorded in the court room. Q. If there was a notice of levy that was never served, how should a person approach such a situation?
Based on the fact that the notice was never served, the foremost thing one should do is to file for a motion to set aside the judgment citing this as a reason. If this is not done and only a claim of exemption is filed, then one will not be able to contest it later stating that there were errors in the proceedings. Once the motion to set aside the judgment is filed, valid proof would be needed to be submitted by the plaintiff to show that the notice of levy was served. Q. In order for one to avoid a writ of garnishment, what documents should be tabled at the claim of exemption hearing?
Hardship exemption is recognized in many states. One needs to obtain a hardship exemption form that may be available online, at the library or with the court clerk. One needs to provide a listing of all the expenses and indicate that there would be hardship to one’s family in the event of a wage garnishment. Tax deduction documents, details of the number of dependents in the family and income statements can be submitted along with the exemption form. Q. Can the head of a family be considered as a claim of exemption under Florida law?
Wages earned by the head of the family cannot be garnished as per the Florida Statute 222.11. Florida law uses the term “head of family” while most states use the term “head of household”. In the state of Florida, if child support or dependent support provided by an individual is more than 50%, then that individual is considered as the head of the family and the wages earned by this individual are protected. It does not matter what amount of money is used to support a dependent. Nobody wishes that his\her wages are garnished as this would lead to financial difficulties. Therefore, it becomes important that one is updated about the subject of claim of exemption. You can ask an employment lawyer if you have any further questions about claim of exemption.
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