MIDLER & KRAMER, P.A.

The Law Offices of Midler & Kramer, P.A.
(954) 567-0300 / (561) 929-3051

120 East Oakland Park Blvd, Suite 203 – Fort Lauderdale, FL 33334
2385 NW Executive Drive, Suite 100 – Boca Raton, FL 33431

GARNISHMENT

YOU WORK HARD FOR YOUR MONEY, DO NOT LET ANYONE TAKE IT FROM YOU!

THOUSANDS OF FLORIDIANS WILL WAKE UP THIS MORNING…MAKE THEIR BREAKFAST...TAKE THE KIDS TO SCHOOL...DRIVE TO WORK….

AND DURING THE DAY YOU WILL TRY TO USE YOUR DEBIT CARD FOR GAS, GROCERIES, DEPARTMENT STORE, OR THE DOCTOR, BUT THE CARD IS DECLINED!

YOU CALL THE BANK AND FIND OUT YOUR WAGES HAVE BEEN GARNISHED OR YOUR MONIES HAVE BEEN FROZEN!
 
IN MOST CASES, IN MIAMI-DADE, BROWARD, AND PALM BEACH COUNTIES, YOU WILL NOT RECEIVE PRIOR NOTICE. 
 
 YOUR MONEY HAS BEEN TAKEN BY A CORPORATION, LAW FIRM, OR AN INDIVIDUAL WHOM:
 
YOU MIGHT NOT KNOW.
YOU MIGHT NOT KNOW WHY.
AND IT MIGHT NOT EVEN BE YOU.
 

WE UNDERSTAND THE PANIC, STRESS, AND ANXIETY YOU ARE FEELING.

WE HAVE LIVED WITH A FROZEN BANK ACCOUNT OURSELVES.

CALL US AND WE WILL TELL YOU WHAT HAPPENED AND WHAT IT TOOK TO FIX IT.

IF YOUR BANK ACCOUNT HAS BEEN GARNISHED THEN A JUDGEMENT HAS BEEN ORDERED AGAINST YOU.  THE JUDGEMENT CREDITOR IS TAKING YOUR MONEY.  THE JUDGEMENT CREDITOR IS GARNISHING OR FREEZING YOUR MONEY IN AN ATTEMPT TO SATISFY THE AMOUNT OF THE ALLEGED JUDGEMENT.

STOP THE GARNISHMENT.
 UNFREEZE YOUR MONEY.

CHAPTER 77, FLORIDA STATUTE, GOVERNS GARNISHMENT.

WE MUST DETERMINE:

WHO GARNISHED YOUR MONIES?

WHEN WAS YOUR ACCOUNT FROZEN?

WHY WAS YOUR ACCOUNT GARNISHED?

HOW MUCH MONEY IS ALLEGEDLY OWED?

 

ATTACKING THE JUDGEMENT

THE ANALYSIS BEGINS WITH A THOROUGH REVIEW OF THE JUDGEMENT.

IF THE JUDGEMENT CREDITOR FAILED TO PROPERLY SERVE THE UNDERLYING COMPLAINT, THE JUDGEMENT CAN BE VACATED.

IF A JUDGEMENT CREDITOR FAILED TO SUBMIT THE PROPER DOCUMENTATION IN A TIMELY AND SEQUENTIAL MANNER, THE JUDGEMENT AND GARNISHMENT IS SUBJECT TO A WELL-FOUNDED MOTION TO DISMISS.

 

 

DOES THE JUDGEMENT CONTAIN:

NAME OF THE GARNISHEE / ADRESS /  ORIGIN OF DEBT / INTERST, LATE FEES, ATTORNEY FEES?

WAS THE JUDGEMENT SERVED ON THE GARNISHEE?
IF THE ORIGINAL COMPLAINT WAS NOT SERVED PROPERLY, WE CAN VACATE THE JUDGEMENT AND QUASH SERVICE.

 

PURSUANT TO FLORIDA LAW, A JUDGEMENT CREDITOR MAY NOT GARNISH MORE THAN 25 PERCENT OF YOUR DISPOSABLE INCOME OR THE AMOUNT BY WHICH YOUR DISPOSABLE INCOME EXCEEDS 30 TIMES THE FEDERAL MINIMUM WAGE, WHICHEVER IS LESS.

PUT IN ANOTHER WAY, IF YOUR DISPOSABLE INCOME IS LESS THAN 30 TIMES THE FEDERAL MINIMUM WAGE, YOUR MONIES CAN NOT BE GARNISHED.

 

WE WILL MAKE EVERY ATTEMPT TO VACATE THE JUDGEMENT RELEASING YOUR MONIES FROM THE GARNISHMENT.

 

CLAIM OF EXEMPTION
FLORIDA STATUTE 77.041

NOT ONLY WILL WE ATTACK THE JUDGEMENT, WE SHALL EXPLAIN TO YOUR JUDGE THAT YOU ARE LEGALLY EXEMPT FROM A GARNISHMENT!

A judge has the discretion to vacate the garnishment, unfreeze your bank account, and return your money.

You must provide the judge with a statutory reason as contained in the claim of exemption form as to why you are exempt.

The claim of exemption form explains to the judge your statutory exemption, and why your wages should not be garnished.

After you execute the claim of exemption form, it must be filed with the clerk of court, the garnishor, and your judge. 

Once the form is filed, your judge shall set an evidentiary hearing wherein you shall testify as to your financial situation.

The claim of exemption form is contained below. We have reviewed said form with our clients to find a reason why your monies should not be frozen.

IT IS YOUR MONEY! KEEP IT !

DISCUSS THE EXEMPTIONS WITH AN ATTORNEY WHO IS FAMILIAR WITH THE FORM AND ARGUES THE EXEMPTIONS TO A JUDGE IN MIAMI DADE, BROWARD, AND PALM BEACH COUNTIES, EACH AND EVERY DAY.

ARE YOU HEAD OF HOUSEHOLD?

DO YOU PROVIDE CHILD SUPPORT?

DO YOU RECEIVE SOCIAL SECURITY BENEFITS?

DO YOU RECEIVE PUBLIC ASSISTANCE?

DO YOU RECEIVE VETERAN BENEFITS?

ARE YOU ON DISABLIITY?

ARE YOU RETIRED?

CLAIM OF EXEMPTION AND
REQUEST FOR HEARING
I claim exemptions from garnishment under the following categories as checked:
  1. Head of family wages. (Check either a. or b. below, if applicable.)
  a. I provide more than one-half of the support for a child or other dependent and have net earnings of $750 or less per week.
  b. I provide more than one-half of the support for a child or other dependent, have net earnings of more than $750 per week, but have not agreed in writing to have my wages garnished.
  2. Social Security benefits.
  3. Supplemental Security Income benefits.
  4. Public assistance (welfare).
  5. Workers’ Compensation.
  6. Reemployment assistance or unemployment compensation.
  7. Veterans’ benefits.
  8. Retirement or profit-sharing benefits or pension money.
  9. Life insurance benefits or cash surrender value of a life insurance policy or proceeds of annuity contract.
  10. Disability income benefits.
  11. Prepaid College Trust Fund or Medical Savings Account.
  12. Other exemptions as provided by law.
     (explain)
I request a hearing to decide the validity of my claim. Notice of the hearing should be given to me at:
Address:         
Telephone number:      
I CERTIFY UNDER OATH AND PENALTY OF PERJURY that a copy of this CLAIM OF EXEMPTION AND REQUEST FOR HEARING has been furnished by (circle one)United States mail or hand delivery on   (insert date)  , to:   (insert names and addresses of Plaintiff or Plaintiff’s attorney and of Garnishee or Garnishee’s attorney to whom this document was furnished)  .
I FURTHER CERTIFY UNDER OATH AND PENALTY OF PERJURY that the statements made in this request are true to the best of my knowledge and belief.
        
Defendant’s signature
Date        
STATE OF FLORIDA
COUNTY OF
Sworn and subscribed to before me this    day of   (month and year)  , by   (name of person making statement)  
Notary Public/Deputy Clerk
Personally Known   OR Produced Identification 
Type of Identification Produced   
 
GARNSIHMENT DEFENSE IN FT. LAUDERDALE, BROWARD, MIAMI-DADE, PALM BEACH, AND THROUGHOUT THE STATE OF FLORIDA