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View Full Version : Trying to dissove writ of wage garnishment Florida


IAMBroke
May 8, 2009, 11:41 AM
I am in Florida and have a judgement against me for a old debt. They bagan to garnish my wages today and will continue to do so for the next 6 pay periods. I filed a claim of exemption and request for hearing and was told by the clerk that the plaintiff had 8 business days from the day they receive the notice by mail for the plaintff to file an objection. If the plaintiff fails to object within that tim then no hearing is required and the writ of garnishment will be dissolved and wages returned. I went back to the clerks office today to file an Affidavit of Service and request to dissolve writ since the plaintiff did not object within the time allowed but was told that the judge set a hearing date for 3 weeks from now so the clerk could not dissolve the writ and I had to wait until the court date. This does not make sense to me since the law states that no hearing date is required if plaintiff does not object. Can anyone clarify this?

Fr_Chuck
May 8, 2009, 11:57 AM
Yes, judges can and will do what they want, but what is your reason for the motion, is this not you that the jdugement is for, did you already pay them, is the judgement not valid for some reason. Or is this merely a stall on a valid debt. Is it possible the judge did not feel there was good grounds to dismiss