Wage Garnishment

[OKBK]

In Florida what steps do I have to go through to prove head of household. Has anyone gone through this before? I am the only money maker in the house. I don't want my work to find out about my personal business. How would I stop them before it went that far?

[2Bshinyandnew]

In Florida what steps do I have to go through to prove head of household. Has anyone gone through this before? I am the only money maker in the house. I don't want my work to find out about my personal business. How would I stop them before it went that far?

See here:

http://floridaassetprotection.blogs.com/alperlaw/2008/03/wage-garnishmen.html

Wage Garnishment: Can Debtor Claim Head of Household Exemption in Advance of Garnishment

Some people have sent me emails asking how they can assert an exemption of their salary on the basis that they are head of household. Usually, these questions are sent by debtors owe money for general consumer debts such as credit cards or car repossessions. The readers typically want to know what they have to do to let their creditors know in advance that their wages are exempt from garnishment.

Florida law does not provide a procedure to register an asset exemption in advance of a judgment, with the exception of filing for the Constitutional homestead exemption. A creditor can try to garnish wages only after the creditor gets a court judgment. When the creditor serves a writ of garnishment on the employer the debtor/employee gets a notification on which he can assert an exemption. If the debtor believes he is head of household he states the exemption on the form and sends copies to the court and the creditor. The debtor is entitled to an expedited hearing to dissolve the garnishment at which he has to prove to the judge that he qualifies as head of household.

If a debtor is certain that he is head of a household and anticipates a judgment against him, the debtor or his attorney could write a letter to creditor asserting wage garnishment exemption and providing proof of head of household status. The advance letter could in some cases convince the creditor not to pursue wage garnishment.

[MattRazor]

See here:

http://floridaassetprotection.blogs.com/alperlaw/2008/03/wage-garnishmen.html

Wage Garnishment: Can Debtor Claim Head of Household Exemption in Advance of Garnishment

Some people have sent me emails asking how they can assert an exemption of their salary on the basis that they are head of household. Usually, these questions are sent by debtors owe money for general consumer debts such as credit cards or car repossessions. The readers typically want to know what they have to do to let their creditors know in advance that their wages are exempt from garnishment.

Florida law does not provide a procedure to register an asset exemption in advance of a judgment, with the exception of filing for the Constitutional homestead exemption. A creditor can try to garnish wages only after the creditor gets a court judgment. When the creditor serves a writ of garnishment on the employer the debtor/employee gets a notification on which he can assert an exemption. If the debtor believes he is head of household he states the exemption on the form and sends copies to the court and the creditor. The debtor is entitled to an expedited hearing to dissolve the garnishment at which he has to prove to the judge that he qualifies as head of household.

If a debtor is certain that he is head of a household and anticipates a judgment against him, the debtor or his attorney could write a letter to creditor asserting wage garnishment exemption and providing proof of head of household status. The advance letter could in some cases convince the creditor not to pursue wage garnishment.

Ah thanks,

Greatly appreciate this information too!

[lrprn]

MattRazor, the link to your financially related site was deleted because it's against our forum rules to place this kind of link in signatures without prior permission from our administrator, Laz, or until you make 100 quality forum posts.

Please send a private message to Laz if you wish to ask for permission to add a link to your site in your signature. Thanks.

[fltoo]

OKBK, something you might do when creditors call is tell them that you are head of household each and every time.

Not a guarantee, but they might think twice before they spend the money for a judgment.