Legal Question in Credit and Debt Law in Florida
for a payroll garnishment, when I take the paperwork to the clerk of court to file for an exemption hearing, should the clerk give me proof of this and will this proof, when given to my payroll dept., temporarily stop my garnishment until the hearing result?
2 Answers from Attorneys
Make sure you request a stamped copy of anything you file. The garnishment will continue until the hearing. If the court agrees with your position that your wages are exempt, an order will be entered dissolving the writ and that is what you need your employer to see so the garnishment stops. It is possible that your employer has only held the garnished wages and not actually turned them over pending the hearing result, in which case all amounts taken so far would be returned. But that doesn't always happen- check with your employer.