Download Free Print-Only PDF OR Purchase Interactive PDF Version of this Form
Claim Of Exemption And Request For Hearing Form. This is a Florida form and can be use in Miami-Dade Local County.
Loading PDF...
Tags: Claim Of Exemption And Request For Hearing, 862, Florida Local County, Miami-Dade
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA
IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA.
DIVISION
CASE NUMBER
CLAIM OF EXEMPTION
AND REQUEST FOR HEARING
CIVIL
OTHER
(AFEG)
PLAINTIFF(S)
CLOCK IN
VS. DEFENDANT(S)
I CLAIM EXEMPTIONS from garnishment under the following categories as
checked:
1.
Head of family wages. (You) must check a or b below.
a.
I provide more than one-half of the support for a child or other
dependant and have net earnings of $750.00 or less per week.
b.
I provide more than one-half of the support for a child or other dependant, have net earnings of more
than $750.00 a week, but have not agreed in writing to have my wages garnished.
2.
Social Security benefits.
3.
Supplemental Security Income benefits.
4.
Public assistance (welfare).
5.
Workers’ Compensation.
6.
Unemployment Compensation.
7.
Veteran’s benefits.
8.
Retirement or profit-sharing benefits or pension money.
9.
Life Insurance benefits or cash surrender value of a life insurance policy or proceeds of annuity contract.
10.
Disability income benefits.
11.
Prepaid College Trust Fund or Medical Savings Account.
12.
Other exemptions as provided by law. (explain) _____________________________________________
___________________________________________________________________________________
I request a hearing to decide the validity of my claim. Notice of the hearing should be given to me at:
Address: _________________________________________________________________________________________.
Telephone Number: _______________________________.
The statements made in this request are true to the best of my knowledge and belief.
_______________________________________
Defendant’s Signature
___________________________
Date
The foregoing instrument was acknowledged before me this ________ day of ___________________________, 20_____ by
_______________________________ who is personally known to me or who has produced _________________________
as identification and did
/ did not
take an oath.
SWORN TO AND SUBSRCIBED BEFORE ME this ________ day of __________________________________, 20______.
NOTARY PUBLIC, STAMP
HARVEY RUVIN
CLERK OF COURTS
BY: __________________________________
(COURT SEAL)
DEPUTY CLERK / NOTARY PUBLIC
Important - See Reverse
CLK/CT 862 Rev. 03/11
Clerk’s web address: www.miami-dadeclerk.com
American LegalNet, Inc.
www.FormsWorkFlow.com
NOTICE TO DEFENDANT OF RIGHT AGAINST GARNISHMENT
OF WAGES, MONEY , AND OTHER PROPERTY
The writ Garnishment delivered to you with this Notice means that wages, money, and other property
belonging to you have been garnished to pay a court judgment against you. HOWEVER, YOU MAY BE
ABLE TO KEEP OR RECOVER YOUR WAGES, MONEY, OR PROPERTY. READ THIS NOTICE
CAREFULLY.
State and federal laws provide that certain wages, money, and property, even if deposited in a bank, savings
and loan, or credit union, may not be taken to pay certain types of court judgments. Such wages, money and
property are exempt from garnishment. The major exemptions are listed on the form for Claim of Exemption
and Request for Hearing. This list does not include all possible exemptions. You should consult a lawyer for
specific advice.
TO KEEP YOUR WAGES, MONEY, AND OTHER PROPERTY FROM BEING GARNISHED, OR TO GET
BACK ANYTHING ALREADY TAKEN, YOU MUST COMPLETE A FORM FOR CLAIM OF EXEMPTION
AND REQUEST FOR HEARING AS SET FORTH ON THE REVERSE AND HAVE THE FORM
NOTARIZED. YOU MUST FILE THE FORM WITH THE CLERK’S OFFICE WITHIN 20 DAYS AFTER THE
DATE YOU RECEIVE THIS NOTICE OR YOU MAY LOSE IMPORTANT RIGHTS. YOU MUST ALSO MAIL
OR DELIVER A COPY OF THIS FORM TO THE PLAINTIFF AND THE GARNISHEE AT THE ADDRESSES
LISTED ON THE WRIT OF GARNISHMENT.
If you request a hearing, it will be held as soon as possible after your request is received by the court. The
plaintiff must file any objection within 3 business days if you hand delivered to the plaintiff a copy of the form
for Claim of Exemption and Request for Hearing or, alternatively, 8 business days if you mailed a copy of the
form for claim and request to the plaintiff. If the plaintiff files an objection to your Claim of Exemption and
Request for Hearing, you will be notified of the time and date of the hearing. You may attend the hearing
with or without an attorney. If the plaintiff fails to file an objection, no hearing is required, the writ of
garnishment will be dissolved and your wages, money, or property will be released.
YOU SHOULD FILE THE FORM FOR CLAIM OF EXEMPTION IMMEDIATELY TO KEEP YOUR WAGES,
MONEY, OR PROPERTY FROM BEING APPLIED TO THE COURT JUDGMENT. THE CLERK CANNOT
GIVE YOU LEGAL ADVICE. IF YOU NEED LEGAL ASSISTANCE YOU SHOULD SEE A LAWYER. IF YOU
CAN’T AFFORD A PRIVATE LAWYER, LEGAL SERVICES MAY BE AVAILABLE. CONTACT MIAMI-DADE
BAR ASSOCIATION 305-371-2220; THE FLORIDA BAR ATTORNEY REFERRAL SERVICE 1-800-3428011; THE PUT SOMETHNG BACK PROGRAM 305-579-5733; OR LEGAL SERVICES OF GREATER
MIAMI 305-576-0080.
AMERICANS WITH DISABILITIES ACT OF 1990
ADA NOTICE
If you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision of
certain assistance. Please contact the Eleventh Judicial Circuit Court’s ADA
Coordinator, Lawson E. Thomas Courthouse Center, 175 NW 1st Ave., Suite 2702,
Miami, FL 33128, Telephone (305) 349-7175; TDD (305) 349-7174, Fax (305) 3497355 at least 7 days before your scheduled court appearance, or immediately upon
receiving this notification if the time before the scheduled appearance is less than 7
days; if you are hearing or voice impaired, call 711.
Note:
The form “Affidavit of Service by Defendant Pursuant to F.S. 77.041 (3) and Request for
Clerk to Dissolve “Writ” can be obtained from the Clerk’s Office
Important - See Reverse
CLK/CT 862 Rev. 03/11
Clerk’s web address: www.miami-dadeclerk.com
American LegalNet, Inc.
www.FormsWorkFlow.com