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Writ Of Continuing Garnishment Against Salary Or Wages Form. This is a Florida form and can be use in Polk Local County.
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Tags: Writ Of Continuing Garnishment Against Salary Or Wages, 13, Florida Local County, Polk
IN THE COUNTY COURT OF POLK COUNTY, FLORIDA
CIVIL DIVISION
CASE NO. ____________________
Plaintiff
vs.
Defendant
and
Garnishee.
________________________________________________/
WRIT OF CONTINUING GARNISHMENT AGAINST SALARY OR WAGES
THE STATE OF FLORIDA
To Each Sheriff of the State:
to
summon
the
garnishee,
YOU
ARE
COMMANDED
__________________________________ at the above address. Garnishee is required to
serve an answer to this writ on ____________________, plaintiff or plaintiff's attorney, at
above address within (20) days after service on the garnishee, exclusive of the day of service,
and file the original with the Clerk of this Court either before service on the plaintiff or
plaintiff's attorney or immediately thereafter. The answer shall state whether the Garnishee is
the employer of the defendant, ___________________, and whether the garnishee is indebted
to the defendant by reason of salary or wages. The garnishee=s answer shall specify the
periods of payment (for example, weekly, biweekly, or monthly) and amount of salary or wages
and be based on the defendant's earnings for the pay period during which this writ is served
on the garnishee.
During each pay period, a portion of the defendant's salary or wages as it becomes due shall
be held and not disposed of or transferred until further order of this court. The amount of salary
or wages to be withheld for each pay period shall be made in accordance with the following
paragraph. This writ shall continue until the plaintiff's judgment is paid in full or until otherwise
provided by court order.
#709/712/713 Rev. 08/96
13.doc (08/97)
Case No. ____________________________
WRIT OF CONTINUING GARNISHMENT, page 2
Federal law (15 U.S.C. '' 1671-1673) limits the amount to be withheld from salary or wages to
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no more than 25% of any individual defendant's disposable earnings (the part of earnings
remaining after the deduction of any amounts required by law to be deducted) for any pay
period or to no more than the amount by which the individual=s disposable earnings for the pay
period exceed 30 times the federal minimum hourly wage, whichever is less.
For administrative costs, the garnishee may collect $5.00 against the salary or wages of the
defendant for the first deduction and $2.00 for each deduction thereafter.
The total amount of the final judgment outstanding as set out in the plaintiff's motion is
$________________.
FAILURE TO FILE AN ANSWER WITHIN THE TIME REQUIRED MAY RESULT IN THE
ENTRY OF JUDGMENT AGAINST THE GARNISHEE FOR THE ABOVE AMOUNT.
DATED this ______ day of __________________, 200___.
_________________________________
JUDGE OF THE
COUNTY COURT
- OR RICHARD M. WEISS,
CLERK
Circuit
&
County
Courts
P
O
Box
9000,
Drawer CC-12
Bartow, FL 338319000
Phone 941-534-4556
By_______________________________
Deputy Clerk
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