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

Answered
  • 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

Answered
  • 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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