Need some help from the FL people

[Freddy03]

If anyone remembers - I have a judgment against me and DH. He was served with a writ of garnishment back in March. So far nothing has been garnished yet.

Well today I was served with a writ of garnishment for me. I am HOH and I filled out the exemption back in when I received the judgement.

Now I don't know what to do?

I'm trying to contact the clerk of courts now but I've been on hold for 15 mins so far.

[justbroke]

Wish I could help Freddy. I never had any judgments against me, so I can't provide anything useful. Please let us know what the Clerk tells you. For HOH, I believe, without looking, that there is a certain amount that they cannot touch.

[Freddy03]

Well I got a hold of someone at the clerks office. And of course they did not see my org HOH exemption filed back in Jan. If they did they wouldn't have issued the writ of garnishment for my employer. I have to fax a copy of it to them tomorrow morning and see what happens.

I'm going to call the judgment's attorney next.

[SunshineGal]

Hi Freddy,

Check your local county clerks webiste for a form called "claim of exemption and request for hearing". I think you have to file this within 20 days and if I remember right, it doesn't do you any good to fill it out prior to the writ, it has to be submitted after the fact. The good news is that the judgment exemptions are the same as bk exemptions, so chances are you will both be fine.

[Freddy03]

Thanks I was told by my then BK attorney to fill out the HOH exemption form (when I recvd the judgment) and just have it on file. I guess it did do me no good..lol

So can my job start the garnishment before the 20 days is up?

[SunshineGal]

Sorry Freddy, I don't know the answer to that one. I would get that form submitted as soon as possible though.

[Freddy03]

Thanks - I faxed the one I filled out before the writ was issued to the judge this morning. I have not received the new one yet. I did call the judgment creditor attorney and they are no help! They will not speak to me b/c they have on file my old BK attorney name and way back before the case even started I sent a DV letter and it stated only mail contact.

I'm trying to fax a copy of the HOH exemption to them but they gave me the wrong fax number.