Form the Pinellas Clerk of Court website by: Judi L.
Claims of Exemption Against Garnishment:
A judgment debtor, who is an individual (exemptions do not exist for businesses), may claim certain exemptions (as set forth in F.S. 222) within twenty (20) days of the garnishee being served with the Writ by filing a Claim of Exemption and Request for Hearing. If you are a judgment debtor claiming exemptions, please be sure to completely fill out the Certificate of Service section at the bottom of the Claim of Exemption form as not doing so may cause you to lose important time and legal rights. If the judgment debtor files a Claim of Exemption the judgment creditor will have three (3) business days (if the Claim of Exemption is hand-delivered) or eight (8) business days (if the Claim of Exemption is mailed) to file an objection to said exemptions. If exemptions are claimed, wages, money, or property subject to the garnishment will continue to be garnished until further order of the court; however, they will be held in escrow until any dispute over the exemptions is resolved by the court. If a hearing is scheduled, the Clerk’s Office or judge will notify the parties of the date and time via mail. If the judgment creditor fails to file their objections to the judgment debtor’s Claim of Exemption within the allotted time frame, a hearing will not be required and the Writ of Garnishment will be dissolved by the Clerk. All parties will be notified via mail of the dissolution of the writ, and any wages, money, or property being held in escrow will be released back to the judgment debtor.