Response to Writ of Garnishment

Gideon Alper Creditor Rights

I had a client last week ask about the best responses to a writ of garnishment in Florida against a bank account. I explained that the first step is first to see whether or not the client had any statutory exemptions. We looked at the source of his bank account funds and made a conclusion as to whether or not those funds were exempt under Florida’s head of family exemption. Some of them were, some were not.

I advised him to file the claim of exemption form asserting that the funds were exempt. I also planned to file a motion to dissolve the writ of exemption based on some procedural mistakes that the creditor made for failing to property comply with the notice requirements of section 77.041 of the Florida Statutes. Both the claim of exemption and the motion to dissolve the garnishment constituted in my opinion the best response to the garnishment.

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