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Florida Claim of Exemption

Florida claim of exemption: protect wages from garnishment. See how the head-of-family exemption works, what pay is exempt, and the 20-day deadline to file.

Introduction

A Florida claim of exemption is a form you file with the court to protect some or all of your wages or bank funds from a garnishment. An exemption is money the law says a creditor cannot take. After a creditor wins a money judgment, it can serve a writ of garnishment on your employer or bank and pull money from each paycheck. Florida gives strong protection to a head of family: all of your disposable earnings up to 750 dollars a week are fully exempt from garnishment, and earnings above that are protected too unless you agreed to it in writing. But this protection is not automatic. You must file the Claim of Exemption and Request for Hearing with the clerk's office within 20 days after you receive the Notice of Garnishment, or you may lose important rights. DocDraft prepares a Florida claim of exemption from your details, and attorney review is available before you file.

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Key Things to Know

  1. 1

    A Florida claim of exemption is a form you file with the court to protect some or all of your wages or bank funds from garnishment. It tells the court the money is exempt, meaning the law does not let a creditor take it.

  2. 2

    The deadline is short. Under section 77.041 you must file the Claim of Exemption and Request for Hearing with the clerk's office within 20 days after you receive the Notice of Garnishment, and the notice warns that missing it can cost you important rights.

  3. 3

    A head of family gets Florida's strongest protection. Under section 222.11, all disposable earnings of a head of family that are 750 dollars a week or less are 100 percent exempt, and earnings above 750 dollars a week cannot be garnished unless you agreed in writing. You must claim it; it is not automatic.

  4. 4

    If you are not a head of family, the federal limit applies. A creditor can take no more than the lesser of 25 percent of your disposable earnings, or the amount by which your weekly disposable earnings exceed 30 times the federal minimum wage, which is 217.50 dollars.

  5. 5

    Some income is exempt no matter the debt. Social Security, disability, veterans benefits, and many pensions and public benefits are protected, and a claim of exemption is how you free those funds if a bank has frozen them.

  6. 6

    Money is held while the claim is pending, so act fast. If the creditor does not file a sworn answer to your claim in time (8 business days if it was hand delivered, 14 if mailed), no hearing is needed and the clerk must automatically dissolve the writ.

  7. 7

    Filing usually gets you a hearing. Upon filing your Claim of Exemption and Request for Hearing, the court holds a hearing as soon as is practicable, where you show the money is exempt and the creditor must justify the garnishment.

Key decisions before you file

Before you file a Claim of Exemption in Florida, a few decisions shape the document: which option to choose and what each one means. The Claim of Exemption guide walks through them.

Open the Claim of Exemption guide

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CLAIM OF EXEMPTION AND REQUEST FOR HEARING (FLORIDA - WAGE GARNISHMENT)

Filed under Florida Statutes chapter 77 and section 222.11. The judgment debtor claims that some or all of the wages or funds being garnished are exempt and asks the court to release them and dissolve or reduce the writ of garnishment.

  1. COURT AND CASE Court that issued the writ: [COURT NAME] Case number: [CASE NUMBER] Writ of garnishment number: [WRIT NUMBER, IF ANY] Clerk's office: [CLERK OF COURT]

  2. PARTIES Judgment creditor (plaintiff): [CREDITOR NAME] Judgment debtor (you): [DEBTOR NAME] Debtor address: [DEBTOR ADDRESS] Employer or bank served with the writ: [GARNISHEE NAME]

  3. WHAT IS BEING GARNISHED [ ] Wages from my employer: [EMPLOYER NAME] [ ] Funds in my account at: [BANK NAME] Approximate amount being taken: $[AMOUNT]

  4. EXEMPTION CLAIMED I claim that the money is exempt for the following reason(s): [ ] I am the head of a family, and my disposable earnings are protected under section 222.11. [ ] The amount withheld is more than the wage-garnishment limit allows. [ ] The funds come from an exempt source: [SOCIAL SECURITY / DISABILITY / VETERANS BENEFITS / PENSION / OTHER]. Amount I ask the court to protect: $[AMOUNT CLAIMED EXEMPT]

  5. SOURCE OF THE FUNDS Describe where the money comes from: [DESCRIPTION OF WAGES OR DEPOSITED FUNDS]

  6. FINANCIAL STATEMENT (attach if the court requires one) Monthly take-home income: $[INCOME] Monthly necessary expenses: $[EXPENSES] Number of people I support: [NUMBER OF DEPENDENTS]

  7. REQUEST FOR HEARING I ask the court to set a hearing on this claim and to protect the exempt money until the hearing is held.

  8. VERIFICATION I declare under penalty of perjury under the laws of the State of Florida that the statements above are true and correct.

Debtor signature: [SIGNATURE] Printed name: [NAME] Date: [DATE]

Note: File this Claim of Exemption and Request for Hearing with the clerk of the court that issued the writ of garnishment within 20 days after you receive the Notice of Garnishment. If the creditor does not answer your claim in time, the clerk must dissolve the writ. Confirm the current form and deadline, or have this reviewed by an attorney, before you file.

Florida Requirements for Claim of Exemption

Florida Filing Deadline and Office

File the Florida claim of exemption with the correct office, the court or the levying officer as Florida directs, within the state's window after the garnishment is served. Money is usually held until the claim is decided, so filing late can forfeit wages the law would otherwise protect.

Frequently Asked Questions

A Florida claim of exemption is a form, the Claim of Exemption and Request for Hearing, that you file to protect wages or bank funds from a garnishment. It tells the court that some or all of the money is exempt, meaning the law does not let a creditor take it. You file it with the clerk of the court that issued the writ of garnishment within 20 days after you receive the Notice of Garnishment.

An objection challenges whether the garnishment itself is proper, such as a wrong amount or a defective writ. A Florida claim of exemption accepts that the judgment exists but says the specific wages or funds are legally protected, for example because you are a head of family. The Claim of Exemption and Request for Hearing form is how you raise the exemption, and you can point out a defect at the same time.

It depends on whether you are a head of family. A head of family has all disposable earnings up to 750 dollars a week fully exempt under section 222.11, and more is protected unless waived in writing. If you are not a head of family, a creditor can take the lesser of 25 percent of your disposable earnings or the amount above 30 times the federal minimum wage, which is 217.50 dollars a week.

You must file the Claim of Exemption and Request for Hearing with the clerk's office within 20 days after the date you receive the Notice of Garnishment. The notice warns that if you have a valid exemption and do not file within 20 days, you may lose important rights. Because the window is short, file as soon as you learn of the garnishment.

Social Security, Supplemental Security Income, disability, veterans benefits, and many pensions and public benefits are exempt from garnishment for ordinary debts, no matter how much you owe. Wages of a head of family are also broadly protected under section 222.11. If exempt benefits are frozen in a bank account, a claim of exemption is how you get them released.

Yes. Florida gives a head of family strong protection. Under section 222.11, all of your disposable earnings up to 750 dollars a week are fully exempt from garnishment, and earnings above 750 dollars a week cannot be garnished unless you agreed to it in writing. This protection is not automatic; you must claim it by filing the Claim of Exemption within the 20-day deadline.

You file the Claim of Exemption and Request for Hearing with the clerk of the court that issued the writ of garnishment. You do not file it with the creditor or your employer. Once you file, the court holds a hearing as soon as is practicable, unless the creditor fails to answer your claim in time and the clerk dissolves the writ.

Filing puts your claim in front of the court. If the creditor does not file a sworn written answer to your claim in time (8 business days if the claim was hand delivered, 14 if mailed), no hearing is required and the clerk must automatically dissolve the writ. If the creditor does answer, the court holds a hearing where you show the money is exempt.