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)
☐ 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 form (§ 77.041(2)) 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 likely qualifies as Head of Family — if yes, advise client garnishment likely unavailable for ≤$750/wk
☐ If debtor's wages exceed $750/wk, located valid § 222.11(2)(b) written waiver (separate document, 14-point type, statutory language) — if absent, garnishment fully blocked
☐ Within 5 business days after writ issues, plaintiff serves debtor with copy of writ, copy of garnishee's answer (when filed), AND § 77.041 notice (Fla. Stat. § 77.041(2))

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)).

You may NOT withhold any portion of disposable earnings if the defendant is a Head of Family under Fla. Stat. § 222.11 AND has not waived the protection in writing OR earns $750 or less per week in disposable earnings.

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

Clerk of Court
By: [________________________________], Deputy Clerk

Part 4 — Statutory Notice to Defendant of Right Against Garnishment

(Fla. Stat. § 77.041(1) — MANDATORY notice to be served on debtor within 5 business days after garnishee's answer)

TO: [________________________________], Defendant

NOTICE OF YOUR RIGHTS AGAINST GARNISHMENT OF WAGES, MONEY, AND OTHER PROPERTY

The attached Writ of Garnishment has been issued upon a judgment entered against you. You have the right to ask the court to release your money, wages, or other property from the garnishment because of exemptions provided by state and federal law.

YOU HAVE 20 DAYS after the date you receive this notice to file with the clerk of the court a sworn Claim of Exemption and Request for Hearing form (a copy of which is attached) and to deliver a copy by mail, hand delivery, or facsimile to plaintiff's attorney (or to the plaintiff if there is no attorney).

EXEMPTIONS YOU MAY CLAIM INCLUDE:

☐ Head of family wages (Fla. Stat. § 222.11) — If you provide more than one-half of the support for a child or other dependent and your weekly disposable earnings are $750 or less, ALL your disposable earnings are EXEMPT. If your weekly disposable earnings are MORE than $750, they are also EXEMPT unless you have signed a written waiver complying with § 222.11(2)(b).
☐ Social Security benefits / SSDI (42 U.S.C. § 407)
☐ Supplemental Security Income (SSI)
☐ Veterans benefits (38 U.S.C. § 5301)
☐ Unemployment compensation (Fla. Stat. § 443.051)
☐ Workers' compensation (Fla. Stat. § 440.22)
☐ Reemployment assistance
☐ Public assistance
☐ Disability income / disability insurance
☐ Retirement plan benefits / IRA / 401(k) (Fla. Stat. § 222.21)
☐ Health savings accounts
☐ Alimony / child support received (Fla. Stat. § 222.201; 11 U.S.C. § 522(d)(10)(D))
☐ Life insurance proceeds (Fla. Stat. § 222.13)
☐ Personal property up to $1,000 (Fla. Stat. § 222.25(1))
☐ Motor vehicle up to $1,000 (Fla. Stat. § 222.25(1))
☐ "Wild card" $4,000 if no homestead claimed (Fla. Stat. § 222.25(4))
☐ Prepaid college trust (Fla. Stat. § 222.22)
☐ Federal earned income tax credit (Fla. Stat. § 222.25(3))

IF YOU DO NOT FILE THE CLAIM OF EXEMPTION WITHIN 20 DAYS, THE GARNISHMENT MAY PROCEED AND YOUR PROPERTY MAY BE PAID TO THE CREDITOR.

I certify that on [__/__/____], I served the foregoing Notice on Defendant by [hand delivery / mail / e-service] at the address: [________________________________].

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

Attorney for Plaintiff

Part 5 — Claim of Exemption and Request for Hearing

(Fla. Stat. § 77.041(2) — Head-of-Family Affidavit + Claim of Exemption)

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

Case No.: [________________________________]

CLAIM OF EXEMPTION AND REQUEST FOR HEARING

I, [________________________________], the defendant, claim exemptions from garnishment under the following categories as checked:

A. Head of Family Wages (PRIMARY DEFENSE — Fla. Stat. § 222.11)

☐ I provide more than one-half of the support for the following child(ren) or dependent(s):

☐ My weekly disposable earnings (gross minus required deductions) are: $[____________]

☐ My disposable earnings are $750 per week or less — ALL of my disposable earnings are EXEMPT under § 222.11(2)(a).

☐ My disposable earnings are MORE than $750 per week, AND I have NOT signed a written waiver meeting the requirements of § 222.11(2)(b) — ALL of my disposable earnings remain EXEMPT.

☐ I have NOT signed any written waiver. Even if I signed a contract document, the alleged waiver does not comply with § 222.11(2)(b) because (check all that apply):
☐ The waiver is NOT contained in a separate document attached to the contract;
☐ The waiver is NOT in 14-point type or larger;
☐ The waiver is NOT in the same language as the underlying contract;
☐ The waiver does NOT contain the substantially required statutory language.

B. Other Exemptions Claimed

☐ Social Security retirement / SSDI / SSI (42 U.S.C. § 407)
☐ Veterans benefits (38 U.S.C. § 5301)
☐ Unemployment compensation (Fla. Stat. § 443.051)
☐ Workers' compensation (Fla. Stat. § 440.22)
☐ Retirement / pension / IRA / 401(k) (Fla. Stat. § 222.21)
☐ Disability benefits
☐ Alimony / child support received
☐ Personal property up to $1,000 (Fla. Stat. § 222.25(1))
☐ Motor vehicle up to $1,000 (Fla. Stat. § 222.25(1))
☐ $4,000 wild card — no homestead claimed (Fla. Stat. § 222.25(4))
☐ Earned income tax credit (Fla. Stat. § 222.25(3))
☐ Life insurance proceeds (Fla. Stat. § 222.13)
☐ Prepaid college trust (Fla. Stat. § 222.22)
☐ Funds on deposit are traceable as exempt earnings under § 222.11(3) (6-month tracing for head-of-family wages)
☐ Other: [________________________________]

C. Request for Hearing

I REQUEST AN EVIDENTIARY HEARING on this Claim of Exemption.

Affidavit

I declare under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct.

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

Print Name: [________________________________]
Address: [________________________________]
Telephone: [____________] Email: [________________________________]

Service

I served a copy of this Claim of Exemption on the plaintiff's attorney by [hand / mail / e-service] on [__/__/____].

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 — individual defendants have 20 days)

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

Case No.: [________________________________]

MOTION TO DISSOLVE WRIT OF GARNISHMENT

Defendant moves under Fla. Stat. § 77.07 to dissolve the Writ of Garnishment issued on [__/__/____], and states:

1. Defendant is an individual and timely files this Motion within 20 days after service of the Writ / § 77.041 Notice.

2. The Writ of Garnishment should be dissolved because (check all that apply):

☐ The grounds for issuing the writ are untrue (§ 77.07(2))
☐ The judgment is satisfied, vacated, or stayed
☐ Defendant is the head of a family under § 222.11 and the wages are exempt
☐ The funds garnished are exempt under § 222.21 (retirement) / § 222.13 (life insurance) / § 222.22 (college savings)
☐ The funds are exempt federal benefits (Social Security / VA / SSI)
☐ Plaintiff failed to serve the § 77.041 Notice timely
☐ Plaintiff failed to serve a copy of the Garnishee's answer (§ 77.055)
☐ The Writ exceeds the federal CCPA cap (15 U.S.C. § 1673)
☐ Defective application / lack of underlying valid judgment
☐ Other: [________________________________]

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:

Plaintiff has the burden to contest the claimed exemption (Fla. Stat. § 77.041(3)). If plaintiff fails to file a sworn statement contesting the exemption within the statutory deadline (3 business days for hand delivery; 8 business days for mail), the exemption is deemed established and the funds will be released to the defendant.

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)
• Fla. Stat. § 222.201 (federal exemptions available)
• 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