Most typically you would file a Claim of Exemption if there is a reason your wages or bank account cannot be garnished. You can also file a separate document entitled a motion to dissolve the garnishment and set forth your reasons in there. It all depends on the reasons you believe the garnishment should be dissolved.
You can type a motion on your own, you do not need a specific form. However, you should review the rules of your local court to ensure it is compliant with the pleading requirements. Most courts will have this information available on their website. You should consider hiring an attorney to assist you in this matter. Filing the motion is just a small part of stopping the wage garnishment, you will need to know the applicable law and how to use the law to your advantage.
**This response is not intended to provide legal advice, nor is it intended to be a solicitation for legal advice. NO reader should consider the information contained herein to be an invitation for creation of an attorney-client relationship, and you should not rely on information provided. The information provided is for general information purposes only, this response should NOT be taken as legal advice for any individual case or situation. If you have a legal question, you should seek the advice of a licensed attorney in your state.
I don't know about Miami, but in Orlando a blank form to challenge the garnishment comes with the notice. Google the rules for garnishment in Florida. The Dade clerk of courts may have a form on it's website. Or you can write your own motion stating why the garnishment is illegal. But check the law first so you have some idea of what you are doing.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline