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IN THE COUNTY COURT, IN AND FOR SARASOTA COUNTY, FLORIDA
CASE# £2007-CC-4941 SC
AMERICAN EXPRESS CENTURION BANK
Plaintiff,
VS.
C> ~>
Mr c= “T}
MICHAEL CABANA, 2s SoS =
yee == m
09 05
Defendant. On =
POn, oD
aml NM s
Cig Fe
coc “DO =)
BANK OF AMERICA, N.A., FS “OT
< 2 oD o
Garnishee. —S og
— =
PLAINTIFF'S NOTICE OF MAILING PURSUANT TO E:S. 77.041
COMES NOW the Plaintiff, by and through its undersigned attorney, files this, its Notice of
Mailing pursuant to F.S. 77.041 and certifies that the following was mailed to the last known address of
the Defendant on 04-29-2008.
1) Copy of Writ of Garnishment.
2) Copy of Motion for Writ of Garnishment.
3) Copy of Notice to Defendant of Right Against Garnishment of Wages, Money and Other
Property and Claim of Exemption.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has been furnished by U.S. mail to
Defendant: MICHAEL CABANA, 3226 IROQUOIS RD , NORTH PORT, FL 34288, on 04-29-2008.
WAGNER & HUNT, P.A.
Post Office Box 934788
Margate, Florida 33093-4788
Telephone: 954-935-6966
800-777-2602
by FEE _—
Rorda tor 40bas0. ‘tb i———
IN THE COURT, IN AND FOR SARASOTA COUNTY, FLORIDA
CASE NO:22007-CC-4941 SC
AMERICAN EXPRESS CENTURION BANK
Plaintiff,
VS.
MICHAEL CABANA,
Defendant.
BANK OF AMERICA, N.A.,
Garnishee.
CLAIM OF EXEMPTION AND REQUEST FOR HEARING
I CLAIM EXEMPTIONS from garnishment under the following categories as checked:
l. Head of family wages. (You must check a or b below.)
a. I provide more than one-half of the support for a child or other dependent and have net earnings of
$500.00 or less per week.
b. I provide more than one-half of the support for a child or other dependent, have net earnings of more than
$500.00 per week, but have not agreed in writing to have my wages garnished.
Social Security benefits.
Supplemental Security Income benefits.
Public assistance (welfare).
Workers' Compensation.
Unemployment Compensation.
Veteran's benefits.
Retirement or profit-sharing benefits or pension money
Life Insurance benefits or cash surrender value of a life insurance policy or proceeds of annuity
contract.
Disability income benefits.
Prepaid College Trust Fund or Medical Savings Account.
Other exemptions as provided by law. Explain:
OMAN NYM PWN
N= ©
rr a
I request a hearing to decide the validity of my claim. Notice of the hearing should be given to me at:
Address: Telephone:
The statements made in this request are true to the best of my knowledge and belief.
Defendant's Signature
Date:
The foregoing instrument was acknowledged before me this day of , 200 , by
who is personally known to me or who has produced as identification and
did/did not take an oath.
SWORN TO AND SUBSCRIBED BEFORE ME this day of ___, 200
Notary Public, State of Florida
My Commission Expires:@
NOTICE TO DEFENDANT OF RIGHT AGAINST GARNISHMENT
OF WAGES, MONEY OR OTHER PROPERTY
The writ of Garnishment delivered to you with this Notice means that wages, money, and other property
belonging to you have been garnished to pay a court judgment against you. HOWEVER, YOU MAY BE
ABLE TO KEEP OR RECOVER YOUR WAGES, MONEY OR PROPERTY. READ THIS NOTICE
CAREFULLY.
State and federal laws provide that certain wages, money, and property, even if deposited in a bank, savings
and loan, or credit union, may not be taken to pay certain types of court judgments. Such ages, money and
property are exempt from garnishment. The major exemptions are listed on the form for Claim of Exemption
and Request for Hearing. This list does not include a possible exemptions. You should consult a lawyer for
specific advise.
TO KEEP YOUR WAGES, MONEY, AND OTHER PROPERTY FROM BEING GARNISHED, OR TO
GET BACK ANYTHING ALREADY TAKEN, YOU MUST COMPLETE A FORM FOR CLAIM OF
EXEMPTION AND REQUEST FOR HEARING AS SET FORTH BELOW AND HAVE THE FORM
NOTARIZED. YOU MUST FILE THE FORM WITH THE CLERK'S OFFICE WITHIN 20 DAYS AFTER
THE DATE YOU RECEIVE THIS NOTICE OR YOU MAY LOSE IMPORTANT RIGHTS. YOU MUST
ALSO MAIL OR DELIVER A COPY OF THIS FORM TO THE PLAINTIFF AND THE GARNISHEE AT
THE ADDRESSES LISTED ON THE WRIT OF GARNISHMENT.
If you request a hearing, it will be held as soon as possible after your request is received by the court. the
plaintiff must file any objection within 2 business days if you hand delivered to the plaintiff a copy of the form
for Claim of Exemption and Request for Hearing, or alternatively, 7 business days if you mailed a copy of the
form for claim and request to the Plaintiff. If the plaintiff files an objection to your Claim of Exemption and
Request for Hearing, you will be notified of the time and date of the hearing. You may attend the hearing with
or without an attorney. If the plaintiff fails to file an objection, no hearing is required, the writ of garnishment
will be dissolved and your wages, money, or property will be released.
YOU SHOULD FILE THE FORM FOR CLAIM OF EXEMPTION IMMEDIATELY TO KEEP YOUR
WAGES, MONEY, OR PROPERTY FROM BEING APPLIED TO THE COURT JUDGMENT. THE
CLERK CANNOT GIVE YOU LEGAL ADVISE. IF YOU NEED LEGAL. ASSISTANCE YOU SHOULD
SEE A LAWYER. IF YOU CAN'T AFFORD A PRIVATE LAWYER, LEGAL SERVICES MAY BE
AVAILABLE. CONTACT THE FLORIDA BAR ATTORNEY REFERRAL SERVICE 1-800-342-8011.
Note: The form "Affidavit of Service by Defendant Pursuant to F.S. 77.041(3) and Request for Clerk to
Dissolve Writ" can be obtained from the Clerk's Office.=
3/15-685161-71003 11:46:36 09 APR 2008
IN THE COUNTY COURT, IN AND FOR SARASOTA COUNTY, FLORIDA
CASE NO: 22007-CC-4941 SC
AMERICAN EXPRESS CENTURION BANK
Plaintiff,
VS.
MICHAEL CABANA
Defendant.
BANK OF AMERICA, N.A.,
Garnishee.
PLAINTIFF'S MOTION FOR WRIT OF GARNISHMENT
Plaintiff shows that on 11-14-07 a judgment was obtained against the Defendant, MICHAEL CABANA
in this action in the sum of $14,982.27. There currently remains a balance due of $14,982.27. Plaintiff does not
belicve that Defendant has in Defendant's possession visible property on which a levy can be made sufficient to
satisfy the judgment and moves for issuance of a writ of garnishment and suggests BANK OF AMERICA, N.A.
as garnishee.
Dated MARCH 20 2008.
WAGNER & HUNT, P.A.
Post Office Box 934788
Margate, Florida 33093-4788
954-935-6966
By:
DERYL G. HUNT
Florida Bar #01236923/15-685161-71003 11:46:36 09 APR 2008
IN THE COUNTY COURT, IN AND FOR SARASOTA COUNTY, FLORIDA
ce CASENO: = 22007-CC-4941 SC
AMERICAN EXPRESS CENTURION BANK
. Plaintiff,
VS,
MICHAEL CABANA
Defendant.
BANK OF AMERICA, N.A.,, !
Gumiushee.
WRIT OF GARNISHMENT
THE SVATE OF FLORIDA:
To Each Sheriff of the State:
YOU ARE COMMANDED to summon garnishee, BANK OF AMERICA, N.A., by serving BANK
OF AMERICA, N.A., 3175 FRUITVILLE ROAD, SARASOTA, FL 34237, to serve an answer to this writ on
Plaintiff's attorneys, Wagner & Hunt, P.A., Post Office Box 934788, Margate, Florida 33093-4788, within 20
days after service on the Gamishee, exclusive of the day of service, and to file the original with the Clerk of this
Court either before service on the attorney or immediately thereafter, stating whether the Garnishee is indebted to
Defendant, MICHAEL CABANA at the time of the answer or was indebted at the time of service of the writ,
plus sufficient time not to cxceed one (1) business day for the garnishee to act expeditiously on the writ or at any
lime between such times, and in what sum and what tangible and intangible personal property of the defendant
the garnishee has in his possession or control at the time of the answer or had at the time of service of this writ, or
at any tine between such times, and whether the garnishee knows of any other person indebted to the Defendant
or who may be in possession or control of any of the property of the Defendant. The amount set in Plaintiff's
Motion is $14,982.27.
FAILURE TO FILE AN ANSWER WITHIN THE TIME REQUIRED MAY RESULT IN THE
ENTRY OF JUDGMENT AGAINST THE GARNISHEE.
Defendant has a right to an immediate hearing tor dissolution of this writ pursuant lo Section 77.07
Florida Statutes.
Dated on_.
KAREN E RUSHING
CLERK OF TITE COURT
By:
Deputy Clerk
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IN THE COUNTY COURT, IN AND FOR SARASOTA COUNTY, FLORIDA CASE# £2007-CC-4941 SC AMERICAN EXPRESS CENTURION BANK Plaintiff, VS. C> ~> Mr c= “T} MICHAEL CABANA, 2s SoS = yee == m 09 05 Defendant. On = POn, oD aml NM s Cig Fe coc “DO =) BANK OF AMERICA, N.A., FS “OT < 2 oD o Garnishee. —S og — = PLAINTIFF'S NOTICE OF MAILING PURSUANT TO E:S. 77.041 COMES NOW the Plaintiff, by and through its undersigned attorney, files this, its Notice of Mailing pursuant to F.S. 77.041 and certifies that the following was mailed to the last known address of the Defendant on 04-29-2008. 1) Copy of Writ of Garnishment. 2) Copy of Motion for Writ of Garnishment. 3) Copy of Notice to Defendant of Right Against Garnishment of Wages, Money and Other Property and Claim of Exemption. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been furnished by U.S. mail to Defendant: MICHAEL CABANA, 3226 IROQUOIS RD , NORTH PORT, FL 34288, on 04-29-2008. WAGNER & HUNT, P.A. Post Office Box 934788 Margate, Florida 33093-4788 Telephone: 954-935-6966 800-777-2602 by FEE _— Rorda tor 40bas0. ‘tb i——— IN THE COURT, IN AND FOR SARASOTA COUNTY, FLORIDA CASE NO:22007-CC-4941 SC AMERICAN EXPRESS CENTURION BANK Plaintiff, VS. MICHAEL CABANA, Defendant. BANK OF AMERICA, N.A., Garnishee. CLAIM OF EXEMPTION AND REQUEST FOR HEARING I CLAIM EXEMPTIONS from garnishment under the following categories as checked: l. Head of family wages. (You must check a or b below.) a. I provide more than one-half of the support for a child or other dependent and have net earnings of $500.00 or less per week. b. I provide more than one-half of the support for a child or other dependent, have net earnings of more than $500.00 per week, but have not agreed in writing to have my wages garnished. Social Security benefits. Supplemental Security Income benefits. Public assistance (welfare). Workers' Compensation. Unemployment Compensation. Veteran's benefits. Retirement or profit-sharing benefits or pension money Life Insurance benefits or cash surrender value of a life insurance policy or proceeds of annuity contract. Disability income benefits. Prepaid College Trust Fund or Medical Savings Account. Other exemptions as provided by law. Explain: OMAN NYM PWN N= © rr a I request a hearing to decide the validity of my claim. Notice of the hearing should be given to me at: Address: Telephone: The statements made in this request are true to the best of my knowledge and belief. Defendant's Signature Date: The foregoing instrument was acknowledged before me this day of , 200 , by who is personally known to me or who has produced as identification and did/did not take an oath. SWORN TO AND SUBSCRIBED BEFORE ME this day of ___, 200 Notary Public, State of Florida My Commission Expires:@ NOTICE TO DEFENDANT OF RIGHT AGAINST GARNISHMENT OF WAGES, MONEY OR OTHER PROPERTY The writ of Garnishment delivered to you with this Notice means that wages, money, and other property belonging to you have been garnished to pay a court judgment against you. HOWEVER, YOU MAY BE ABLE TO KEEP OR RECOVER YOUR WAGES, MONEY OR PROPERTY. READ THIS NOTICE CAREFULLY. State and federal laws provide that certain wages, money, and property, even if deposited in a bank, savings and loan, or credit union, may not be taken to pay certain types of court judgments. Such ages, money and property are exempt from garnishment. The major exemptions are listed on the form for Claim of Exemption and Request for Hearing. This list does not include a possible exemptions. You should consult a lawyer for specific advise. TO KEEP YOUR WAGES, MONEY, AND OTHER PROPERTY FROM BEING GARNISHED, OR TO GET BACK ANYTHING ALREADY TAKEN, YOU MUST COMPLETE A FORM FOR CLAIM OF EXEMPTION AND REQUEST FOR HEARING AS SET FORTH BELOW AND HAVE THE FORM NOTARIZED. YOU MUST FILE THE FORM WITH THE CLERK'S OFFICE WITHIN 20 DAYS AFTER THE DATE YOU RECEIVE THIS NOTICE OR YOU MAY LOSE IMPORTANT RIGHTS. YOU MUST ALSO MAIL OR DELIVER A COPY OF THIS FORM TO THE PLAINTIFF AND THE GARNISHEE AT THE ADDRESSES LISTED ON THE WRIT OF GARNISHMENT. If you request a hearing, it will be held as soon as possible after your request is received by the court. the plaintiff must file any objection within 2 business days if you hand delivered to the plaintiff a copy of the form for Claim of Exemption and Request for Hearing, or alternatively, 7 business days if you mailed a copy of the form for claim and request to the Plaintiff. If the plaintiff files an objection to your Claim of Exemption and Request for Hearing, you will be notified of the time and date of the hearing. You may attend the hearing with or without an attorney. If the plaintiff fails to file an objection, no hearing is required, the writ of garnishment will be dissolved and your wages, money, or property will be released. YOU SHOULD FILE THE FORM FOR CLAIM OF EXEMPTION IMMEDIATELY TO KEEP YOUR WAGES, MONEY, OR PROPERTY FROM BEING APPLIED TO THE COURT JUDGMENT. THE CLERK CANNOT GIVE YOU LEGAL ADVISE. IF YOU NEED LEGAL. ASSISTANCE YOU SHOULD SEE A LAWYER. IF YOU CAN'T AFFORD A PRIVATE LAWYER, LEGAL SERVICES MAY BE AVAILABLE. CONTACT THE FLORIDA BAR ATTORNEY REFERRAL SERVICE 1-800-342-8011. Note: The form "Affidavit of Service by Defendant Pursuant to F.S. 77.041(3) and Request for Clerk to Dissolve Writ" can be obtained from the Clerk's Office.= 3/15-685161-71003 11:46:36 09 APR 2008 IN THE COUNTY COURT, IN AND FOR SARASOTA COUNTY, FLORIDA CASE NO: 22007-CC-4941 SC AMERICAN EXPRESS CENTURION BANK Plaintiff, VS. MICHAEL CABANA Defendant. BANK OF AMERICA, N.A., Garnishee. PLAINTIFF'S MOTION FOR WRIT OF GARNISHMENT Plaintiff shows that on 11-14-07 a judgment was obtained against the Defendant, MICHAEL CABANA in this action in the sum of $14,982.27. There currently remains a balance due of $14,982.27. Plaintiff does not belicve that Defendant has in Defendant's possession visible property on which a levy can be made sufficient to satisfy the judgment and moves for issuance of a writ of garnishment and suggests BANK OF AMERICA, N.A. as garnishee. Dated MARCH 20 2008. WAGNER & HUNT, P.A. Post Office Box 934788 Margate, Florida 33093-4788 954-935-6966 By: DERYL G. HUNT Florida Bar #01236923/15-685161-71003 11:46:36 09 APR 2008 IN THE COUNTY COURT, IN AND FOR SARASOTA COUNTY, FLORIDA ce CASENO: = 22007-CC-4941 SC AMERICAN EXPRESS CENTURION BANK . Plaintiff, VS, MICHAEL CABANA Defendant. BANK OF AMERICA, N.A.,, ! Gumiushee. WRIT OF GARNISHMENT THE SVATE OF FLORIDA: To Each Sheriff of the State: YOU ARE COMMANDED to summon garnishee, BANK OF AMERICA, N.A., by serving BANK OF AMERICA, N.A., 3175 FRUITVILLE ROAD, SARASOTA, FL 34237, to serve an answer to this writ on Plaintiff's attorneys, Wagner & Hunt, P.A., Post Office Box 934788, Margate, Florida 33093-4788, within 20 days after service on the Gamishee, exclusive of the day of service, and to file the original with the Clerk of this Court either before service on the attorney or immediately thereafter, stating whether the Garnishee is indebted to Defendant, MICHAEL CABANA at the time of the answer or was indebted at the time of service of the writ, plus sufficient time not to cxceed one (1) business day for the garnishee to act expeditiously on the writ or at any lime between such times, and in what sum and what tangible and intangible personal property of the defendant the garnishee has in his possession or control at the time of the answer or had at the time of service of this writ, or at any tine between such times, and whether the garnishee knows of any other person indebted to the Defendant or who may be in possession or control of any of the property of the Defendant. The amount set in Plaintiff's Motion is $14,982.27. FAILURE TO FILE AN ANSWER WITHIN THE TIME REQUIRED MAY RESULT IN THE ENTRY OF JUDGMENT AGAINST THE GARNISHEE. Defendant has a right to an immediate hearing tor dissolution of this writ pursuant lo Section 77.07 Florida Statutes. Dated on_. KAREN E RUSHING CLERK OF TITE COURT By: Deputy Clerk