Head Of Household Exemption Withstands Creditor’s Unsupported Affidavit In Opposition
A debtor whose wages have been garnished may file a response with the court claiming that he is exempt from wage garnishment because he is head of household. The creditor may then file a response to the claimed exemption with an affidavit stating the grounds upon which the debtor’s exemption is contested.
In a Florida case decided in April, 2012, a civil court summarily dismissed a creditors affidavit challenging the debtor’s head of household. In opposition to the debtor’s claimed head of household exemption the creditor filed an affidavit that the exemption should be denied because the creditor believed the debtor was not actually head of household based upon the creditors “review… (of) all the documents provided during the litigation.”
The court found that the creditor’s affidavit was insufficient to oppose the head of household claim because the affidavit did not show that the creditor had any personal knowledge of any facts indicating that the debtor was not a head of household. There were not specific facts indicating that the debtor was not truthfully stating that he was head of household. If the creditor wants to challenge the debtor’s wage garnishment exemption, the court said, it must gather facts using other tools of post-judgment discovery. General denials and non-specific affidavits are not sufficient. Broward County Case No. 07-11386
Last updated on May 22, 2020