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Home » Judgment Collection » Response to Writ of Garnishment

Response to Writ of Garnishment

ByGideon Alper August 3, 2017May 22, 2020

I had a client last week ask about the best responses to a writ of garnishment in Florida against a bank account. I explained that the first step is first to see whether or not the client had any statutory exemptions. We looked at the source of his bank account funds and made a conclusion as to whether or not those funds were exempt under Florida’s head of family exemption. Some of them were, some were not.

I advised him to file the claim of exemption form asserting that the funds were exempt. I also planned to file a motion to dissolve the writ of exemption based on some procedural mistakes that the creditor made for failing to property comply with the notice requirements of section 77.041 of the Florida Statutes. Both the claim of exemption and the motion to dissolve the garnishment constituted in my opinion the best response to the garnishment.

Last updated on May 22, 2020

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Gideon Alper

About the Author

Gideon Alper specializes in asset protection planning for individuals and their families.

Book a consultation with Gideon.
Gideon Alper

About the Author

Gideon Alper specializes in asset protection planning for individuals and their families.

Book a consultation with Gideon.

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  • Home
  • Learn More
    • Asset Protection
      • Asset Protection Guide
      • Annuities
      • Asset Protection Trust
      • Bank Account Protection
      • Car Accidents
      • Doctors
      • Equity Stripping
      • Exemptions
      • Florida Residency
      • Fraudulent Transfers
      • Homestead Protection
      • How Attorneys Help
      • Strategies
      • Tenants By Entireties
      • UTMA Accounts
    • Business Planning
      • Business Entities
      • LLCs
      • LLC Operating Agreement
      • Real Estate Investors
    • Offshore Planning
      • Nevis LLC
      • Offshore Bank Accounts
      • Offshore Planning
      • Offshore Trusts
    • Judgment Collection
      • Judgment Collection
      • Bitcoin and Cryptocurrency
      • Deficiency Judgments
      • Fact Information Sheet
      • Head of Household
      • IRS Tax Debt
      • Not Paying Judgments
      • Statute of Limitations
      • Wage Garnishment
      • Writ of Garnishment
    • Wills and Trusts
      • Avoiding Probate
      • Estate Planning
      • Gun Trusts
      • Inheritance Tax
      • Irrevocable Trusts
      • Last Will and Testament
      • Living Trusts
      • Living Will
      • LGBT Estate Planning
      • Power of Attorney
      • Probate
      • Special Needs Trust
      • Trust Administration
    • Bankruptcy
      • Attorney Fees
      • Chapter 7 Bankruptcy
      • Chapter 13 Bankruptcy
      • Dealing With Creditors
      • Involuntary Bankruptcy
      • Moral Issues
      • Orlando Bankruptcy
    • Real Estate
      • Lady Bird Deed
      • Land Trusts
      • Quit Claim Deed
      • Warranty Deed
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      • Readoption
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      • Stepparent Adoption
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