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YOU WORK HARD FOR YOUR MONEY, DO NOT LET ANYONE TAKE IT FROM YOU!
THOUSANDS OF FLORIDIANS WILL WAKE UP THIS MORNING…MAKE THEIR BREAKFAST...TAKE THE KIDS TO SCHOOL...DRIVE TO WORK….
AND DURING THE DAY YOU WILL TRY TO USE YOUR DEBIT CARD FOR GAS, GROCERIES, DEPARTMENT STORE, OR THE DOCTOR, BUT THE CARD IS DECLINED!
WE UNDERSTAND THE PANIC, STRESS, AND ANXIETY YOU ARE FEELING.
WE HAVE LIVED WITH A FROZEN BANK ACCOUNT OURSELVES.
CALL US AND WE WILL TELL YOU WHAT HAPPENED AND WHAT IT TOOK TO FIX IT.
IF YOUR BANK ACCOUNT HAS BEEN GARNISHED THEN A JUDGEMENT HAS BEEN ORDERED AGAINST YOU. THE JUDGEMENT CREDITOR IS TAKING YOUR MONEY. THE JUDGEMENT CREDITOR IS GARNISHING OR FREEZING YOUR MONEY IN AN ATTEMPT TO SATISFY THE AMOUNT OF THE ALLEGED JUDGEMENT.
STOP THE GARNISHMENT.
UNFREEZE YOUR MONEY.
CHAPTER 77, FLORIDA STATUTE, GOVERNS GARNISHMENT.
WE MUST DETERMINE:
WHO GARNISHED YOUR MONIES?
WHEN WAS YOUR ACCOUNT FROZEN?
WHY WAS YOUR ACCOUNT GARNISHED?
HOW MUCH MONEY IS ALLEGEDLY OWED?
ATTACKING THE JUDGEMENT
THE ANALYSIS BEGINS WITH A THOROUGH REVIEW OF THE JUDGEMENT.
IF THE JUDGEMENT CREDITOR FAILED TO PROPERLY SERVE THE UNDERLYING COMPLAINT, THE JUDGEMENT CAN BE VACATED.
IF A JUDGEMENT CREDITOR FAILED TO SUBMIT THE PROPER DOCUMENTATION IN A TIMELY AND SEQUENTIAL MANNER, THE JUDGEMENT AND GARNISHMENT IS SUBJECT TO A WELL-FOUNDED MOTION TO DISMISS.
DOES THE JUDGEMENT CONTAIN:
NAME OF THE GARNISHEE / ADRESS / ORIGIN OF DEBT / INTERST, LATE FEES, ATTORNEY FEES?
WAS THE JUDGEMENT SERVED ON THE GARNISHEE?
IF THE ORIGINAL COMPLAINT WAS NOT SERVED PROPERLY, WE CAN VACATE THE JUDGEMENT AND QUASH SERVICE.
PURSUANT TO FLORIDA LAW, A JUDGEMENT CREDITOR MAY NOT GARNISH MORE THAN 25 PERCENT OF YOUR DISPOSABLE INCOME OR THE AMOUNT BY WHICH YOUR DISPOSABLE INCOME EXCEEDS 30 TIMES THE FEDERAL MINIMUM WAGE, WHICHEVER IS LESS.
PUT IN ANOTHER WAY, IF YOUR DISPOSABLE INCOME IS LESS THAN 30 TIMES THE FEDERAL MINIMUM WAGE, YOUR MONIES CAN NOT BE GARNISHED.
WE WILL MAKE EVERY ATTEMPT TO VACATE THE JUDGEMENT RELEASING YOUR MONIES FROM THE GARNISHMENT.
CLAIM OF EXEMPTION
FLORIDA STATUTE 77.041
NOT ONLY WILL WE ATTACK THE JUDGEMENT, WE SHALL EXPLAIN TO YOUR JUDGE THAT YOU ARE LEGALLY EXEMPT FROM A GARNISHMENT!
A judge has the discretion to vacate the garnishment, unfreeze your bank account, and return your money.
You must provide the judge with a statutory reason as contained in the claim of exemption form as to why you are exempt.
The claim of exemption form explains to the judge your statutory exemption, and why your wages should not be garnished.
After you execute the claim of exemption form, it must be filed with the clerk of court, the garnishor, and your judge.
Once the form is filed, your judge shall set an evidentiary hearing wherein you shall testify as to your financial situation.
The claim of exemption form is contained below. We have reviewed said form with our clients to find a reason why your monies should not be frozen.
IT IS YOUR MONEY! KEEP IT !
DISCUSS THE EXEMPTIONS WITH AN ATTORNEY WHO IS FAMILIAR WITH THE FORM AND ARGUES THE EXEMPTIONS TO A JUDGE IN MIAMI DADE, BROWARD, AND PALM BEACH COUNTIES, EACH AND EVERY DAY.
ARE YOU HEAD OF HOUSEHOLD?
DO YOU PROVIDE CHILD SUPPORT?
DO YOU RECEIVE SOCIAL SECURITY BENEFITS?
DO YOU RECEIVE PUBLIC ASSISTANCE?
DO YOU RECEIVE VETERAN BENEFITS?
ARE YOU ON DISABLIITY?
ARE YOU RETIRED?
Get a Free Consultation
Who We Are
Wayne Scott Kramer and Lewis Steven Midler, MIDLER & KRAMER, P.A.
Midler & Kramer, P.A. is a family run law firm which began in 2001. Together, we bring 46 years of combined legal experience in order to achieve your goals. As family, we have developed excellent communication transforming our firm into an aggressive legal team. A common complaint about lawyers is a lack of communication with their clients.
We understand this frustration and that is why you will have access to your case 24 hours a day.
MR. MIDLER WAS A FORMER ASSISTANT STATE ATTORNEY, BROWARD COUNTY, FLORIDA, AND IS READY TO WORK FOR YOU!
The Law Offices of Midler & Kramer, P.A.
120 East Oakland Park Blvd, Suite 203
Fort Lauderdale, FL 33334
(954) 567-0300 - (561) 929-3051
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