Palm Coast, FL asked in Consumer Law for Florida

Q: Can I stop a court hearing that is for determining which funds levied are exempt?

the hearing is to decide which part of my bank funds are exempt but the levy has been released since I settled the debt. The lawyer for the debtitor has already filed the Notice of Voluntary Dismissal of Garnishment and all funds have been returned to me.

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1 Lawyer Answer

Andy Wayne Williamson

  • Santa Rosa Beach, FL
  • Licensed in Florida

A: In theory, if the garnishment has been dismissed, there is not a need for a hearing. Typically when a notice of voluntary dismissal gets filed, the Vol Dismissal does not automatically go in front of the Judge. So the case, from the Judge's point of view is still on his docket for a hearing on a stated date. Most likely the Judge will see that the case is dismissed when he or she reviews the file in preparation of the hearing. I suggest that you contact the Judge's legal assistant and advise them that the case was voluntary dismissed. Hopefully getting the information to the Judge will cause the judge to cancel the hearing.

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