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FL H0405
Bill
Status
1/22/2013
Primary Sponsor
Insurance and Banking Subcommittee
Click for details
AI Summary
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Amends the "Notice to Defendant" in garnishment proceedings to clarify that defendants may provide notice of exemption claims and hearing requests to either the plaintiff or plaintiff's attorney and the garnishee or garnishee's attorney.
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Extends the time for plaintiffs or their attorneys to respond to exemption claims from 3 business days to 8 business days for hand-delivered notices, and from 8 business days to 14 business days for mailed notices.
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Requires defendants to certify under oath and penalty of perjury that they provided notice of the exemption claim and hearing request to both the plaintiff and garnishee (or their attorneys) in order to obtain a hearing.
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Specifies that if the plaintiff or plaintiff's attorney fails to file a written objection within the required timeframe, the clerk must automatically dissolve the writ and notify all parties.
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Repeals section 222.12, Florida Statutes, relating to proceedings for exemption, and becomes effective July 1, 2013.
Legislative Description
Garnishment
Last Action
Laid on Table, companion bill(s) passed, see CS/SB 592 (Ch. 2013-233)
4/29/2013