Motion To Dissolve Writ Of Garnishment Florida Pdf
When a creditor has been granted a writ of garnishment, it allows them to take a portion of the debtor's wages, bank account, or other assets to satisfy a debt. Fortunately for debtors, they have the option to file a motion to dissolve a writ of garnishment in Florida. This article will discuss what a writ of garnishment is, when it can be dissolved, how to file a motion to dissolve a writ of garnishment, and what to expect during the process.
What is a Writ of Garnishment?
A writ of garnishment is a legal order that allows a creditor to seize a portion of a debtor's wages, bank account, or other assets to satisfy a debt. The garnishment process begins when the creditor obtains a judgment against the debtor for an unpaid debt. Once the judgment is granted, the creditor can request a writ of garnishment, which is issued by the court and served on the debtor's employer or financial institution.
The garnishment order requires the employer or financial institution to withhold a portion of the debtor's wages or funds and send them directly to the creditor until the debt is paid in full. In Florida, the maximum amount that can be garnished from wages is 25% of disposable earnings in a week, or the amount by which disposable earnings for a week exceed 30 times the federal minimum wage, whichever is less.
When Can a Writ of Garnishment be Dissolved?
A writ of garnishment can be dissolved under certain circumstances. The debtor must file a motion to dissolve the writ of garnishment with the court that issued the order. Grounds for dissolution include:
- The judgment has been satisfied or paid in full
- The garnishment is causing undue financial hardship
- The garnishment is for an exempt source of income, such as Social Security or disability benefits
- The garnishment is for more than the maximum allowable amount under Florida law
- The judgment was obtained through fraud or mistake
If the court determines that the motion to dissolve the writ of garnishment is valid, it will issue an order to stop the garnishment. The court may also order the creditor to return any funds that were improperly garnished.
How to File a Motion to Dissolve a Writ of Garnishment in Florida
To file a motion to dissolve a writ of garnishment in Florida, the debtor must complete and file a legal form called a Motion to Dissolve Garnishment with the court that issued the garnishment order. The form must contain the debtor's name and address, the case number, the name and address of the creditor, and the grounds for dissolution.
The debtor must also provide evidence to support their claim, such as proof of payment or financial hardship. The debtor may need to attend a court hearing to present their case, depending on the circumstances. It is recommended that debtors seek the assistance of an attorney to ensure that their rights are protected and the motion is filed correctly.
What to Expect During the Process
When a debtor files a motion to dissolve a writ of garnishment, the court will review the motion and any supporting evidence. If the court determines that the grounds for dissolution are valid, it will issue an order to stop the garnishment. The creditor will be notified of the order and must comply with the court's decision.
If the creditor does not comply with the court's decision, the debtor may file a motion for contempt against the creditor. This may result in a penalty or fine for the creditor, and the debtor may be entitled to recover damages.
Conclusion
A writ of garnishment can be a challenging and stressful experience for debtors. However, by filing a motion to dissolve the writ of garnishment, debtors in Florida can protect their rights and potentially stop the garnishment. It is important to understand the grounds for dissolution and follow the correct procedures to ensure the best outcome. If you are facing a garnishment order, it is recommended that you consult with an attorney to learn more about your options.
