How do I file a motion to dissolve a writ of garnishment in Florida.
3 attorney answers
The best thing to do is hire an attorney for this, who will review all the documents filed and draft an appropriate motion if necessary.
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In addition to what Mr. Davis said, once you file the motion, you will need to follow up on it. Nothing is likely to happen on its own. Depending on the county, either the Clerk can dissolve the writ because of the failure to file a sworn opposition or the judge will have to sign an order. I would suggest first calling the clerk of court. If they can handle it - great! If not, contact the Judge's assistant. They will be able to give you guidance on whether there needs to be a hearing or whether they can dissolve it without a hearing.
One thing that is confusing in your question - if the previous garnishment was dissolved and you are now getting new paperwork, the creditor may have issued a new garnishment. If that is the case, you would have to file the claim of exemption hearing all over again and go through that process.
Put the header information on the paper: x v. y, case number, etc.
Title it Motion to Dissolve Garnishment
Explain why you think it should be dissolved. Look up some samples online, find something that sort of fits. (Oh yeah, make sure it's on an attorney's blog at the least). Go file it with the clerk. Mail opposing party a copy. Cross fingers.
Otherwise see an attorney.
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