Florida Writ of Garnishment + Head-of-Household Exemption Claim Package

Florida Writ of Garnishment + Head-of-Household Exemption Claim Package

Part 1 — Pre-Garnishment Compliance Checklist (Judgment Creditor)

Before applying for a writ of garnishment under Fla. Stat. ch. 77, the judgment creditor must confirm:

☐ Final money judgment entered, recorded, and not stayed
☐ Judgment not satisfied; total unpaid balance computed (principal + post-judgment interest + costs)
☐ Judgment within the 20-year enforcement period (Fla. Stat. § 95.11(1))
☐ Motion / Application for Writ of Garnishment prepared (Fla. Stat. § 77.03)
☐ Garnishment bond NOT required for post-judgment writ (only pre-judgment, § 77.031)
☐ After service of the writ, pay the garnishee $100 on demand as an advance toward the garnishee's attorney fee (Fla. Stat. § 77.28); account for that advance in the final costs determination
☐ For wage garnishment, continuing writ under § 77.0305 used (employer keeps withholding until judgment satisfied)
☐ Notice to Defendant of Right Against Garnishment (§ 77.041(1)) prepared verbatim
☐ Claim of Exemption and Request for Hearing form (§ 77.041(1)) prepared in statutorily required form
☐ Federal CCPA cap confirmed — lesser of 25% disposable OR amount > 30x federal minimum hourly wage (15 U.S.C. § 1673)
☐ Determined whether debtor may claim the Head-of-Family exemption and whether the court has entered an order resolving any claim
☐ If a head of family's wages exceed $750/week, checked for a valid § 222.11(2)(b) written waiver (separate document, 14-point type, statutory language); address a disputed exemption through § 77.041
☐ Plaintiff mails the writ, motion for writ, and (for an individual defendant) § 77.041 notice by first class to the defendant's last known address within 5 business days after issuance or 3 business days after service on the garnishee, whichever is later; uses the statutory employment-address fallback if necessary; and files a certificate of service (§ 77.041(2))
☐ Plaintiff separately serves the garnishee's answer and § 77.055 notice by mail, and files a certificate of service, within 5 days after receiving the answer or expiration of the answer period (§ 77.055)

Part 2 — Motion / Application for Continuing Writ of Garnishment

(Fla. Stat. §§ 77.03 + 77.0305)

IN THE [CIRCUIT / COUNTY] COURT OF THE [____] JUDICIAL CIRCUIT IN AND FOR [________________________________] COUNTY, FLORIDA

Case No.: [________________________________]
Division: [____________]

MOTION FOR ISSUANCE OF CONTINUING WRIT OF GARNISHMENT AGAINST SALARY OR WAGES

Plaintiff, [________________________________], moves under Fla. Stat. §§ 77.03 and 77.0305 for the issuance of a Continuing Writ of Garnishment, and states:

1. On [__/__/____], Final Judgment was entered in favor of Plaintiff and against Defendant in the amount of $[____________].

2. The judgment is unsatisfied. The unpaid balance, with post-judgment interest at [____]% per annum from [__/__/____] and recoverable costs, totals $[____________] as of the date of this Motion.

3. Defendant is employed by [________________________________] (the "Garnishee") at [________________________________].

4. Defendant's wages are subject to garnishment as provided by Fla. Stat. ch. 77 and § 222.11, subject to any properly claimed exemptions.

Garnishee Information

Prayer

Plaintiff requests the Clerk issue a Continuing Writ of Garnishment to the Garnishee requiring the Garnishee to withhold and pay over to the Court Registry the non-exempt portion of Defendant's salary or wages each pay period until the judgment is satisfied.

Date: [__/__/____] Signature: [________________________________]

Attorney for Plaintiff
Florida Bar No.: [____________]
Address: [________________________________]
Telephone: [____________] Email: [________________________________]

Part 3 — Continuing Writ of Garnishment Against Salary or Wages

(Fla. Stat. § 77.0305)

THE STATE OF FLORIDA, TO THE GARNISHEE: [________________________________]

YOU ARE COMMANDED to answer this Continuing Writ of Garnishment under oath in writing within 20 days after service hereof, on the plaintiff or plaintiff's attorney, and to file the original answer with the Clerk of this Court, stating:

1. Whether you are indebted to or have in your possession or control any goods, money, chattels, credits, or effects of the defendant;
2. Whether you employ the defendant and, if so, the amount of the defendant's salary or wages per pay period; and
3. Each pay period thereafter, you must continue to withhold the non-exempt portion of defendant's salary or wages and remit it to the Clerk of this Court until you have withheld an amount sufficient to satisfy the judgment of $[____________], plus accruing interest and costs, OR until further order of this Court.

The maximum amount you may withhold per workweek is the lesser of:

(a) 25% of disposable earnings (15 U.S.C. § 1673(a)(1)); OR
(b) The amount by which disposable earnings exceed 30 times the federal minimum hourly wage (15 U.S.C. § 1673(a)(2)).

Withhold no more than the applicable federal limit, subject to any exemption claim and court order. A head of family may claim the protection of Fla. Stat. § 222.11 through the § 77.041 procedure; the employer must follow the court's order resolving the claim.

Date: [__/__/____] Signature: [________________________________]

Clerk of Court
By: [________________________________], Deputy Clerk

Part 4 — Statutory Notice to Defendant of Right Against Garnishment

(Fla. Stat. § 77.041(1); the clerk attaches this notice to the writ for an individual defendant)

NOTICE TO DEFENDANT OF RIGHT AGAINST GARNISHMENT OF WAGES, MONEY, AND OTHER PROPERTY

The Writ of Garnishment delivered to you with this Notice means that wages, money, and other property belonging to you have been garnished to pay a court judgment against you. HOWEVER, YOU MAY BE ABLE TO KEEP OR RECOVER YOUR WAGES, MONEY, OR PROPERTY. READ THIS NOTICE CAREFULLY.

State and federal laws provide that certain wages, money, and property, even if deposited in a bank, savings and loan, or credit union, may not be taken to pay certain types of court judgments. Such wages, money, and property are exempt from garnishment. The major exemptions are listed below on the form for Claim of Exemption and Request for Hearing. This list does not include all possible exemptions. You should consult a lawyer for specific advice.

IF AN EXEMPTION FROM GARNISHMENT APPLIES TO YOU AND YOU WANT TO KEEP YOUR WAGES, MONEY, AND OTHER PROPERTY FROM BEING GARNISHED, OR TO RECOVER ANYTHING ALREADY TAKEN, YOU MUST COMPLETE A FORM FOR CLAIM OF EXEMPTION AND REQUEST FOR HEARING AS SET FORTH BELOW AND HAVE THE FORM NOTARIZED. IF YOU HAVE A VALID EXEMPTION, YOU MUST FILE THE FORM WITH THE CLERK’S OFFICE WITHIN 20 DAYS AFTER THE DATE YOU RECEIVE THIS NOTICE OR YOU MAY LOSE IMPORTANT RIGHTS. YOU MUST ALSO MAIL OR DELIVER A COPY OF THIS FORM TO THE PLAINTIFF OR THE PLAINTIFF’S ATTORNEY AND THE GARNISHEE OR THE GARNISHEE’S ATTORNEY AT THE ADDRESSES LISTED ON THE WRIT OF GARNISHMENT. NOTE THAT THE FORM REQUIRES YOU TO COMPLETE A CERTIFICATION THAT YOU MAILED OR HAND DELIVERED COPIES TO THE PLAINTIFF OR THE PLAINTIFF’S ATTORNEY AND THE GARNISHEE OR THE GARNISHEE’S ATTORNEY.

If you request a hearing, it will be held as soon as possible after your request is received by the court. The plaintiff or the plaintiff’s attorney must file any objection within 8 business days if you hand delivered to the plaintiff or the plaintiff’s attorney a copy of the form for Claim of Exemption and Request for Hearing or, alternatively, 14 business days if you mailed a copy of the form for claim and request to the plaintiff or the plaintiff’s attorney. If the plaintiff or the plaintiff’s attorney files an objection to your Claim of Exemption and Request for Hearing, the clerk will notify you and the other parties of the time and date of the hearing. You may attend the hearing with or without an attorney. If the plaintiff or the plaintiff’s attorney fails to file an objection, no hearing is required, the writ of garnishment will be dissolved and your wages, money, or property will be released.

IF YOU HAVE A VALID EXEMPTION, YOU SHOULD FILE THE FORM FOR CLAIM OF EXEMPTION IMMEDIATELY TO KEEP YOUR WAGES, MONEY, OR PROPERTY FROM BEING APPLIED TO THE COURT JUDGMENT. THE CLERK CANNOT GIVE YOU LEGAL ADVICE. IF YOU NEED LEGAL ASSISTANCE YOU SHOULD SEE A LAWYER. IF YOU CANNOT AFFORD A PRIVATE LAWYER, LEGAL SERVICES MAY BE AVAILABLE. CONTACT YOUR LOCAL BAR ASSOCIATION OR ASK THE CLERK’S OFFICE ABOUT ANY LEGAL SERVICES PROGRAM IN YOUR AREA.

Part 5 — Claim of Exemption and Request for Hearing

(Fla. Stat. § 77.041(1); attach to the notice above)

CLAIM OF EXEMPTION AND REQUEST FOR HEARING

I claim exemptions from garnishment under the following categories as checked:

1. Head of family wages. (Check either a. or b. below, if applicable.)

   • ☐ a. I provide more than one-half of the support for a child or other dependent and have net earnings of $750 or less per week.
   • ☐ b. I provide more than one-half of the support for a child or other dependent, have net earnings of more than $750 per week, but have not agreed in writing to have my wages garnished.

2. ☐ Social Security benefits.

3. ☐ Supplemental Security Income benefits.
4. ☐ Public assistance (welfare).
5. ☐ Workers’ Compensation.
6. ☐ Reemployment assistance or unemployment compensation.
7. ☐ Veterans’ benefits.
8. ☐ Retirement or profit-sharing benefits or pension money.
9. ☐ Life insurance benefits or cash surrender value of a life insurance policy or proceeds of annuity contract.
10. ☐ Disability income benefits.
11. ☐ Prepaid College Trust Fund or Medical Savings Account.
12. ☐ Other exemptions as provided by law. Explain: [________________________________]

I request a hearing to decide the validity of my claim. Notice of the hearing should be given to me at:

Address: [________________________________]

Telephone number: [________________________________]

I CERTIFY UNDER OATH AND PENALTY OF PERJURY that a copy of this CLAIM OF EXEMPTION AND REQUEST FOR HEARING has been furnished by ☐ United States mail ☐ hand delivery on [__/__/____] to:

Plaintiff or Plaintiff’s attorney (name and address): [________________________________]

Garnishee or Garnishee’s attorney (name and address): [________________________________]

I FURTHER CERTIFY UNDER OATH AND PENALTY OF PERJURY that the statements made in this request are true to the best of my knowledge and belief.

Defendant’s signature: ____________________________ Date: [__/__/____]

STATE OF FLORIDA COUNTY OF [________________]

Sworn and subscribed to before me this [____] day of [____________], [____], by [NAME OF PERSON MAKING STATEMENT].

Notary Public/Deputy Clerk: ____________________________

☐ Personally Known ☐ Produced Identification Type of Identification Produced: [________________]

Part 6 — Garnishee's Answer

(Fla. Stat. § 77.04 + § 77.0305)

TO BE COMPLETED BY THE GARNISHEE/EMPLOYER within 20 days of service:

A. Garnishee Information

B. Garnishee's Sworn Answer

1. The garnishee:
   ☐ Employs the defendant
   ☐ Does NOT employ the defendant
   ☐ Last employed defendant on [__/__/____]

2. The garnishee:
   ☐ Is indebted to defendant in the amount of $[____________] (unpaid wages owed)
   ☐ Holds defendant's property (describe): [________________________________]
   ☐ Is NOT indebted and holds no property

3. Defendant's pay information:

4. Other persons claiming an interest in the property:

[________________________________]

I swear under oath that the foregoing is true and correct.

Date: [__/__/____] Signature: [________________________________]

Title: [________________________________]
Sworn before me this [____] day of [____________], 20[____].

Notary Public: [________________________________]

Part 7 — Wage Calculation Worksheet (Florida)

(15 U.S.C. § 1673 federal floor + Fla. Stat. § 222.11 Head-of-Family analysis)

Step 1 — Determine Head-of-Family Status

Step 2 — Determine Weekly Disposable Earnings

Step 3 — Apply § 222.11 (if Head of Family)

Step 4 — Federal CCPA Cap (15 U.S.C. § 1673) — Non-Head or Head with Valid Waiver

(a) 25% × Disposable Earnings = $[____________]
(b) Disposable Earnings − (30 × Federal Minimum Hourly Wage × weekly factor) = $[____________]
(If (b) is negative, treat as $0)

Maximum Withholding (LESSER of (a) and (b)) = $[____________]

Step 5 — Final Amount Withheld

Amount to Withhold per Pay Period = $[____________]

Part 8 — Motion to Dissolve Writ of Garnishment

(Fla. Stat. § 77.07(2) — 20 days for the defendant or a disclosed owner to dispute an untrue writ allegation)

IN THE [CIRCUIT / COUNTY] COURT OF THE [____] JUDICIAL CIRCUIT IN AND FOR [________________________________] COUNTY, FLORIDA

Case No.: [________________________________]

MOTION TO DISSOLVE WRIT OF GARNISHMENT

Movant moves under Fla. Stat. § 77.07(2) to dissolve the Writ of Garnishment issued on [__/__/____] because an allegation in Plaintiff's motion for writ is untrue, and states:

1. Movant is ☐ the defendant ☐ another person whose ownership interest in the property was disclosed in the garnishee's answer. Movant files and serves this Motion within 20 days after the date shown in the certificate of service for Plaintiff's § 77.055 notice. The certificate shows [__/__/____].

2. The following allegation in Plaintiff's motion for writ is untrue: [QUOTE OR IDENTIFY ALLEGATION]. The correct facts are: [________________________________]. Supporting exhibits: [________________________________].

3. Additional facts relevant to dissolution: [________________________________].

For an exemption claim, use the sworn Part 5 form under § 77.041.

Date: [__/__/____] Signature: [________________________________]

Attorney for Defendant / Movant (or pro se)

Part 9 — Notice of Hearing on Claim of Exemption / Motion to Dissolve

TO ALL PARTIES AND COUNSEL OF RECORD:

PLEASE TAKE NOTICE that the [Claim of Exemption / Motion to Dissolve Writ of Garnishment] filed by defendant on [__/__/____] will be heard before:

If plaintiff or plaintiff's attorney does not file a sworn written statement answering the exemption claim within 8 business days after hand delivery of the claim and request, or 14 business days if served by mail, no hearing is required; the clerk must automatically dissolve the writ and notify the parties by mail (Fla. Stat. § 77.041(3)).

Date: [__/__/____] Signature: [________________________________]

Sources and References

• Fla. Stat. ch. 77 (Garnishment)
• Fla. Stat. § 77.041 (statutory exemption notice)
• Fla. Stat. § 77.0305 (Continuing Writ Against Wages)
• Fla. Stat. § 77.07 (Dissolution)
• Fla. Stat. § 222.11 (Head-of-Family wage exemption)
• Fla. Stat. § 222.21 (retirement plan exemption)
• Fla. Stat. § 222.25 (wild-card and personal-property exemptions)
• 15 U.S.C. § 1673 (CCPA federal floor)
• 42 U.S.C. § 407 (Social Security anti-attachment)
• Florida Bar Journal — Recent Changes to Florida's Wage Garnishment Exemption