Claim of Exemption Questions
If a person fills out a claim of exemption on execution, does that person’s spouse have to give up their personal property?A creditor can only attach property that belongs to the person who has filled out the claim of exemption on execution. If the spouse’s property is truly owned solely by the spouse, it cannot be attachable. For instance, if a husband files a claim of exemption, the creditor cannot go after the wife’s car, jewelry or furniture. You need to be careful when filling out the exemption forms. You want to make sure that you claim as exempt property that is yours only and not that of your spouses. If you need a second opinion, you can always ask an Employment Lawyer on JustAnswer to review your case and provide legal insights.
If a creditor contests a claim of exemption and requests a hearing, what will take place at the hearing?Usually, these types of hearings are informal and will probably be held in a side room of the court. You would be likely to meet with the attorney and he/she would assess your receipts and documents that you provide. During this review, you normally have an opportunity to come to an agreement on a payment plan. You would then return to the court room and have the payment plan put on the record.
What should a person do if they have a notice of levy filed against them, but were never served?Since you were never served, the first thing that you need to do is file a motion to set aside the judgment, stating that you were never served as grounds for the motion. Once this is completed, the plaintiff will have to show the court that they have served you and must offer valid proof that the papers were served. However, if you fail to file the motion to set aside the judgment, and only file a claim of exemption, you could forfeit your ability to later argue that you were not served and that there were errors in the proceedings.
In the event of a claim of exemption hearing, what materials should be presented to avoid a writ of garnishment?Generally, many states will recognize a hardship exemption. To get a hardship exemption form, you can go to the library or ask the court clerk. It may be possible to find the form online as well. On the form, you need to list all expenses and show that your family will be in financial distress in the event of wage garnishment. You could also provide evidence of your tax deductions, dependants and income statements if it would strengthen your evidence.
Does Florida law allow head of family as a claim of exemption?Under the Florida Statute 222.11, wages earned by the head of family cannot be garnished. While most states use the term “head of household”, Florida law uses the term “head of family”. All wages earned by any head of family are protected regardless of how much money is set aside to support a dependant. A person providing more than 50% of the support for a child or other dependant is considered head of family in the state of Florida.
The average person has financial difficulties from time to time. The last thing anyone wants to face in such a situation is a wage garnishment. There is important information available for people who are having issues with garnishments and solutions to their problems. Employment Lawyers on JustAnswer can answer any question that you may have related to claim of exemptions and wage garnishment in an efficient and knowledgeable manner.