Miami, FL asked in Small Claims for Florida

Q: Do I need to file a motion to obtain dissolution of writ of garnishment if plaintiff not time on my claim of exemption?

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2 Lawyer Answers

Greg Jean-Denis

  • Melbourne, FL
  • Licensed in Florida

A: By statute, the court should dissolve the writ of garnishment if the plaintiff did not timely file their affidavit under Florida Stat. 77.041(3) contesting your claim of exemption.

Robert Jason De Groot

  • Deltona, FL
  • Licensed in Florida

A: This answer comes way too late, but if the creditor does not file the proper response, the writ is supposed to be dissolved.

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