do i need to file a motion? advice please..

[floridian]

thanks for the info.. hes has all my financial information now.. my lawyer has told me that all my income is exempt, thats why im confused..
i have come to this forum for advise, because it is a quick stress relief, not having to wait forever for my lawyer to respond...
my lawyer is less than supportive, due to the fact that he wants me in a chapter 13, so he can wash his hands of my case..

i want to do what is best for me and ive had a bunch of circumstances change in my life since the quest for bk started...

[SunshineGal]

Floridian,

In order to garnish the wages of a "head of household" in Florida, the debtor must agree to it. This could be why they are asking you to verify that you don't contribute more than 51% of someone elses support.

I'm far from an expert, so please do your own research, Google or your county clerk of court's website should provide the information you need.

Either way, head of household or not, it sounds like your income is except from wage garnishment. I would imagine you received a standard form letter and the creditor is on a fishing expedition.

[WhatMoney]

i filled out the questionaire and sent proof that my income is all disability... today i got a letter from the lawyer, wanting me to admit that i dont contribute more than half of someone elses support... if my income is exempt, what difference does it make if i contribute to someone elses support... i dont get married until the 31st of this month..
what is he up to??

He is trying to get you to admit you are not a Head of Household. A Head of Household gets extra protections from wage garnishment in Florida. Now you say you have no wages, only exempt income - a disability check and SS deposit. So it's not clear why this attorney is interested in your wages, as you say you have none. But if you do start working someday and you support someone else, now he has you on record as not being a head of household. You would have to file an affidavit with the court claiming head of household status to counter whatever you signed for the attorney.

Wages of the head of a family are exempt from garnishment unless the person's net wages are more than $500 per week and the person has agreed in writing to allow wages to be taken to pay the debt. A head of family includes all persons who reside in Florida and who provide more than one-half of the support for a child or other dependent. Wages in a bank account that belong to a head of family retain their protection from being seized for six months even if the wages are mixed with money from other sources. If a head of family had not agreed in writing to allow the garnishment or attachment of wages, all the wages are exempt. You must file an affidavit with the court to declare your head of family status and protect your wages from being taken.

Persons who do not qualify as head of family will still have the protection of federal law which limits the amount of wages that can be garnished. If you take home less than 30 times the minimum wage per week, all of your wages are exempt. Otherwise, a judgment creditor can obtain 25 percent of your net wages under a continuing writ of garnishment until the judgment is paid in full.

[JustFileSuit]

[QUOTE=SunshineGal;363433]Floridian,

In order to garnish the wages of a "head of household" in Florida, the debtor must agree to it. This could be why they are asking you to verify that you don't contribute more than 51% of someone elses support.

Of course! And if you don't agree (and nobody does), then they are out in the cold. Sunshine has exactly hit the nail on the head.

Either way, head of household or not, it sounds like your income is except from wage garnishment.

But don't be surprised if they try to hit you nonetheless.

I would imagine you received a standard form letter and the creditor is on a fishing expedition.

Yup, SunshineGal is right on the mark. they are on a fishing expedition. So don't bite.