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I recently became head of household and have an existing garnishment. Can I file for the exemption?

Gainesville, FL |

I currently have a garnishment but I recently became head of household for my family. Does the law allow you to file the exemption if the status changes during the time your wages are being garnished? I sent in the form but my employer was told by the collecting party that I could not do it. My paycheck today had my normal amount deducted plus the amount that was not paid when I submitted the form. It seems you should be able to file if your status changes. I can easily prove that I meet the requirements.

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Attorney answers 2

Posted

In Florida i believe you would have to file a Motion to Dissolve Writ of Continuing Garnishment. You can check with the clerk of the court to see if there is a form available or a sample your can view.

Disclaimer: The foregoing answer does not create an attorney-client relationship with Attorney Cannella or her firm. This answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter, is not legal opinion, nor confidential in nature. Each situation is fact specific and may be subject to state specific laws. Without a comprehensive consultation and review of all the facts and documents at issue it is impossible to evaluate a legal problem fully.

Posted

A motion to dissolve has to be filed in court and a judge has to make that determination. You probably should hire an attorney that has courtroom experience.

Lawrence J. Marraffino
Florida Bar Board Certified Civil Trial Lawyer
www.ljmpa.com

This answer cannot be a substitute for legal advice which requires more information from the client than can be obtained in this forum. Therefore this answer CANNOT BE RELIED UPON AS LEGAL ADVICE FROM THIS ATTORNEY.