I am a Florida resident. I was sued by a credit card company for default of payment. A final Judgment was issued against me on 02/17/2011. Plaintiff filed a motion for continuing writ of garnishment on 04/02/2012. An Order of Continuing writ of Garnishment was obtained on 04/20/2012 and a Writ of Continuing Garnishment was issued on 04/26/2012. My employer and I were served on 06/12/2012. My employer (Garnishee) answered on 06/14/2012. I answered on 06/19/2012 with a CLAIM OF EXEMPTION AS HEAD OF HOUSEHOLD. I also filed a sworn affidavit of Head of Household on 06/22/2012.The Plaintiff's attorney responded on 06/26/2012 denying the facts set forth in my affidavit.I would like to file an EMERGENCY MOTION TO DISSOLVE THE WRIT based on two arguments. Firstly, I am indeed a Head of Household as defined by the Florida Statutes. I, my wife and young son (8yrs old) live in one household and I provide over 50% of my son's support. Secondly, a party's attorney is legally insufficient to execute a sworn affidavit under Florida Statute 222.12. An affidavit denying the facts set forth in my Affidavit of Head of Household must be executed by the party who sued out the process and not the party's attorney. The plaintiff must deny under oath the facts set forth by the debtor. See Caproc Third Ave., L.L.C. v. Donisi Ins Inc., and Donisi, 4D09-4792 JUNE 1, 2011: FOURTH DISTRICT COURT of APPEALCan you assist me with the wording of the EMERGENCY MOTION TO DISSOLVE THE WRIT? Also, are other motions, affidavits or supporting documents required to finalize this case?Sincerely,
State/Country relating to question: Florida
I watched this question for a while and since nobody picked up I didn't want to leave you hanging.We can't provide wording for you because that would cross the line from providing legal information to providing legal advice. I'd be glad to help you by answering any questions you have and also by discussing what else you might need.In addition, are you interested in getting the lawyer kicked off the case? If so, we can discuss that as well.I will be logging off in just a few minutes but can pick up and continue in the morning or I can opt out and see if anybody else picks up to help you with the wording, although I am pretty sure that won't happen because of the website rules and the law.
I understand your wording limitations.
Other than an Objection to Write of Garnishment or a Motion to Quash/Dissolve Writ of Garnishment there really is no way to do anything else. The reason is that there is no procedure.Once a final judgment was obtained the only way to do anything "final" is to either pay the judgment itself or somehow get the judgment declared invalid and that is almost impossible to do.There really is no magic language that has to be used in a motion like you're going to file. You simple set forth the exemption you are claiming that makes the garnishment invalid, cite to the I'm sure you're aware but just in case the code that cover this can be found at http://law.justia.com/codes/florida/2005/TitleVI/ch0077.htmlThere is a form to use to claim your exemptions, I'm sure it is very similar to what you have already filed since it is almost teh same as the one in the rules, at http://www.pinellasclerk.org/aspInclude2/SmClaimsPdfs/CTCIV228.pdfThe lawyer may have put himself into a but of a bind as well. The rules prevent him from being a witness in a case where he is the lawyer. Rule 4-3., which can be found at http://www.law.cornell.edu/ethics/fl/code/FL_CODE.HTMclearly states that a lawyer can't be a witness yet that is exactly what the lawyer is doing by signing an affidavit as to questions of fact. You can use that as 1) a reason to strike the affidavit, although it is doubtful the judge will strike it, 2) a reason to disqualify the lawyer from being the lawyer in the case, or 3) the grounds for a complaint to the State Bar against him.Please ask any question you have in this thread as I'm sure you have more and don't know if anything I have provided was of any help.If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Began practicing in 1992 and handled many cases and trials for consumers
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