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Filing # 145518336 E-Filed 03/11/2022 09:21:03 AM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
CASE NO.: 2021 CA 002559 OC
BMO HARRIS BANK N.A.,
Plaintiff,
vs.
JOHN B. HERBECK,
Defendant,
and
J. BRAD HERBECK, LLC,
Garnishee.
_________________________________/
PLAINTIFF’S NOTICE TO DEFENDANT OF SERVICE OF CONTINUING WRIT OF
GARNISHMENT ON GARNISHEE, J. BRAD HERBECK, LLC
(Fla. Stat. §77.041(2))
Plaintiff, BMO HARRIS BANK N.A., by and through the undersigned attorneys, gives notice
pursuant to §77.041(2), Florida Statutes, that true and correct copies of the following documents
have been served on the parties identified in the Certificate of Service below: (1) Plaintiff’s Motion
for Issuance of Continuing Writ of Garnishment after Judgment as to Garnishee, J. Brad Herbeck,
LLC, dated February 24, 2022 (attached hereto as Exhibit “1”); and (2) Continuing Writ of
Garnishment Continuing Writ of Garnishment after Judgment as to Garnishee, J. Brad Herbeck,
LLC, with attached Notice to Defendant of Right against Garnishment of Wages, Money and Other
Property and Claim of Exemption and Request for Hearing, issued by the Clerk on February 25,
2022, (attached hereto as Exhibit “2”) and served on Garnishee on March 9, 2022.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been served via U.S.
Mail to: John Brad Herbeck, 1220 Ironsmith Drive, Unit 202, Celebration, FL 34747; and J. Brad
Herbeck, LLC, 1220 Ironsmith Drive, Unit 202, Celebration, FL 34747, this 11th day of March,
2022. /s/ Bradley J. Anderson
_________________________________
Bradley J. Anderson, Esquire
Florida Bar No.: 00105695
banderson@zkslawfirm.com
jwenhold@zkslawfirm.com
service@zkslawfirm.com
ZIMMERMAN, KISER & SUTCLIFFE, P.A.
315 E. Robinson St., Suite 600 (32801)
P.O. Box 3000
Orlando, FL 32802
Telephone: (407) 425-7010
Facsimile: (407) 425-2747
Counsel for Plaintiff
BJA/jbc
10762-189
[10762-189/9578561/1] 2
Filing # 144557681 E-Filed 02/24/2022 02:44:05 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
CASE NO.: 2021 CA 002559 OC
BMO HARRIS BANK N.A.,
Plaintiff,
vs.
JOHN B. HERBECK,
Defendant,
and
J. BRAD HERBECK, LLC,
Garnishee.
_________________________________/
PLAINTIFF’S MOTION FOR ISSUANCE OF CONTINUING WRIT OF
GARNISHMENT AFTER JUDGMENT AS TO GARNISHEE, J. BRAD HERBECK, LLC
Plaintiff, BMO HARRIS BANK N.A. (“Plaintiff”), by and through its undersigned counsel,
and pursuant to Section 77.03 and 77.0305, Florida Statutes, moves for the issuance of a Continuing
Writ of Garnishment against Salary or Wages after Judgment as to the Garnishee, J. BRAD
HERBECK, LLC (“Garnishee”), and as grounds therefore states as follows:
1. On July 7, 2020, Plaintiff obtained an Order for Summary Judgment against
Defendant, JOHN B. HERBECK (“Defendant”), in the case of BMO Harris Bank N.A. v. John B.
Herbeck, filed in the Circuit Court of Lake County, Illinois, Case Number 19 L 427, in the total
amount of $389,239.31 (the “Judgment”). A true and correct copy of the Judgment is attached
hereto as Exhibit “A.”
1
2. On or about September 24, 2021, Plaintiff domesticated the Judgment in Osceola
County, Florida in the above case style. The domestication of the Judgment is now final, as
Defendant failed to object to the domestication within the timeframe required by Florida Statutes.
3. There remains due and owing on the Judgment the sum of $389,239.31, plus post-
judgment costs and post-judgment interest accrued at the statutory rate.
4. Plaintiff has reason to believe that Garnishee may have in its possession or control
money belonging to Defendant including, but not limited, wages and/or salary that is due and owing
or will become due and owing in the future.
5. Plaintiff has attached a proposed Continuing Writ of Garnishment hereto as Exhibit
“B.”
WHEREFORE, Plaintiff, BMO HARRIS BANK N.A., moves this Court for the issuance of a
Continuing Writ of Garnishment against Garnishee, J. BRAD HERBECK, LLC, which Plaintiff has
reason to believe may have in its hands, possession or control goods, money, chattels or effects
belonging to Defendant, JOHN B. HERBECK.
DATED this 24th day of February, 2022.
/s/ Bradley J. Anderson
_________________________________
Bradley J. Anderson, Esquire
Florida Bar No.: 00105695
banderson@zkslawfirm.com
jwenhold@zkslawfirm.com
service@zkslawfirm.com
ZIMMERMAN, KISER & SUTCLIFFE, P.A.
315 E. Robinson St., Suite 600 (32801)
P.O. Box 3000
Orlando, FL 32802
Telephone: (407) 425-7010
Facsimile: (407) 425-2747
Counsel for Plaintiff
[10762-189/9538881/1] 2
A
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
CASE NO.: 2021 CA 002559 OC
BMO HARRIS BANK N.A.,
Plaintiff,
vs.
JOHN B. HERBECK,
Defendant,
and
J. BRAD HERBECK, LLC,
Garnishee.
_________________________________/
CONTINUING WRIT OF GARNISHMENT
AS TO GARNISHEE, J. BRAD HERBECK, LLC
THE STATE OF FLORIDA:
To All and Singular the Sheriffs of the State:
YOU ARE HEREBY COMMANDED to summon the Garnishee,
J. BRAD HERBECK, LLC
c/o Alper Trustees, LLC
255 Primera Blvd., Suite 160
Lake Mary, FL 32746
to serve an Answer to this Writ on Plaintiff’s attorney, whose name and address is:
Bradley J. Anderson, Esquire
Florida Bar No.: 00105695
Zimmerman, Kiser & Sutcliffe, P.A.
Post Office Box 3000
Orlando, FL 32802-3000
Attorneys for Plaintiff
B
within twenty (20) days after service on said Garnishee, 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 the Defendant, JOHN B. HERBECK
(“Defendant”), at the time of said answer, or was indebted at the time of service of this Writ, or at
any time between such times, and in what sum or sums; and what tangible or intangible personal
property of said Defendant said Garnishee has in said Garnishee’s possession or control at the time
of said Garnishee’s answer, or had at the time of the service of this Writ, or at any time between
such time; and whether said Garnishee knows of any other person indebted to said Defendant or who
may have any other property of said Defendant in his possession or control. The Garnishee’s answer
shall specify the periods of payment (for example weekly, bi-weekly or monthly) and amount of
monies owing to Defendant and be based on the period during which this Writ is served on the
Garnishee.
During each pay period, a portion of the Defendant’s salary or wages as it becomes due shall
be held and not disposed of or transferred until further order of this Court. The amount of salary or
wages to be withheld for each pay period shall be made in accordance with the following paragraph.
This Writ shall continue until the Plaintiff’s Judgment is paid in full or until otherwise provided by
Court Order.
Federal law (15 U.S.C. §§ 1671-1673) limits the amount to be withheld from salary or wages
to no more than 25% of the Defendant’s disposable earnings (the part of earnings remaining after the
deduction of any amounts required by law to be deducted) for any pay period or to no more than the
amount by which the individual’s disposable earnings for the pay period exceed 30 times the federal
minimum hourly wage, whichever is less.
[10762-189/9539075/1] 2
For administrative costs, the Garnishee may collect $5.00 against the monies owed to the
Defendant for the first deduction and $1.00 for each deduction thereafter.
The total amount of the Final Judgment as set out in Plaintiff’s Motion is $389,239.31, plus
post-judgment costs and post-judgment interest accrued at the statutory rate.
FAILURE TO FILE AN ANSWER WITHIN THE TIME REQUIRED MAY RESULT IN
THE ENTRY OF JUDGMENT AGAINST THE GARNISHEE FOR THE ABOVE TOTAL
AMOUNT OF $389,239.31 PLUS INTEREST AND COSTS.
DONE AND ORDERED in Chambers at Kissimmee, Osceola County, Florida, this _____
day of ________________, 2022.
____________________________________
Robert J. Egan, Circuit Judge
BJA/jbc
10762-189
[10762-189/9539075/1] 3
Filing # 144601068 E-Filed 02/25/2022 09:33:13 AM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
CASE NO.: 2021 CA 002559 OC
BMO HARRIS BANK N.A.,
Plaintiff,
vs.
JOHN B. HERBECK,
Defendant,
and
J. BRAD HERBECK, LLC,
Garnishee.
_________________________________/
CONTINUING WRIT OF GARNISHMENT
AS TO GARNISHEE, J. BRAD HERBECK, LLC
THE STATE OF FLORIDA:
To All and Singular the Sheriffs of the State:
YOU ARE HEREBY COMMANDED to summon the Garnishee,
J. BRAD HERBECK, LLC
c/o Alper Trustees, LLC
255 Primera Blvd., Suite 160
Lake Mary, FL 32746
to serve an Answer to this Writ on Plaintiff’s attorney, whose name and address is:
Bradley J. Anderson, Esquire
Florida Bar No.: 00105695
Zimmerman, Kiser & Sutcliffe, P.A.
Post Office Box 3000
Orlando, FL 32802-3000
Attorneys for Plaintiff
within twenty (20) days after service on said Garnishee, exclusive of the day of service, and to file
2
the original with the Clerk of this Court, either before service on the attorney or immediately
thereafter, stating whether the Garnishee is indebted to the Defendant, JOHN B. HERBECK
(“Defendant”), at the time of said answer, or was indebted at the time of service of this Writ, or at
any time between such times, and in what sum or sums; and what tangible or intangible personal
property of said Defendant said Garnishee has in said Garnishee’s possession or control at the time
of said Garnishee’s answer, or had at the time of the service of this Writ, or at any time between
such time; and whether said Garnishee knows of any other person indebted to said Defendant or
who may have any other property of said Defendant in his possession or control. The Garnishee’s
answer shall specify the periods of payment (for example weekly, bi-weekly or monthly) and
amount of monies owing to Defendant and be based on the period during which this Writ is served
on the Garnishee.
During each pay period, a portion of the Defendant’s salary or wages as it becomes due
shall be held and not disposed of or transferred until further order of this Court. The amount of
salary or wages to be withheld for each pay period shall be made in accordance with the following
paragraph. This Writ shall continue until the Plaintiff’s Judgment is paid in full or until otherwise
provided by Court Order.
Federal law (15 U.S.C. §§ 1671-1673) limits the amount to be withheld from salary or
wages to no more than 25% of the Defendant’s disposable earnings (the part of earnings remaining
after the deduction of any amounts required by law to be deducted) for any pay period or to no
more than the amount by which the individual’s disposable earnings for the pay period exceed 30
times the federal minimum hourly wage, whichever is less.
For administrative costs, the Garnishee may collect $5.00 against the monies owed to the
[10762-189/9539075/1] 2
NOTICE TO DEFENDANT OF RIGHT AGAINST GARNISHMENT OF
WAGES, MONEY, AND OTHER PROPERTY
The Writ of Garnishment delivered t o you wit h t his Not ice means t hat wages, money,
and ot her propert y belonging t o you have been garnished t o pay a court j udgment
against you. HOWEVER, YOU MAY BE ABLE TO KEEP OR RECOVER YOUR WAGES, MONEY,
OR PROPERTY. READ THIS NOTICE CAREFULLY.
St at e and f ederal laws provide t hat cert ain wages, money, and propert y, even if
deposit ed in a bank, savings and loan, or credit union, may not be t aken t o pay cert ain
t ypes of court j udgment s. Such wages, money, and propert y are exempt f rom
garnishment . The maj or exempt ions are list ed below on t he f orm f or Claim of
Exempt ion and Request f or Hearing. This list does not include all possible exempt ions.
You should consult a lawyer f or specif ic advice.
IF AN EXEMPTION FROM GARNISHMENT APPLIES TO YOU AND YOU WANT TO KEEP YOUR
WAGES, MONEY, AND OTHER PROPERTY FROM BEING GARNISHED, OR TO RECOVER
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. IF
YOU HAVE A VALID EXEMPTION, 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 OR THE PLAINTIFF’ S ATTORNEY AND THE GARNISHEE OR THE GARNISHEE’ S
ATTORNEY AT THE ADDRESSES LISTED ON THE WRIT OF GARNISHMENT. NOTE THAT THE
FORM REQUIRES YOU TO COMPLETE A CERTIFICATION THAT YOU MAILED OR HAND
DELIVERED COPIES TO THE PLAINTIFF OR THE PLAINTIFF’ S ATTORNEY AND THE
GARNISHEE OR THE GARNISHEE’ S ATTORNEY.
If you request a hearing, it will be held as soon as possible af t er your request is received
by t he court . The plaint if f or t he plaint if f ’ s at t orney must f ile any obj ect ion wit hin 8
business days if you hand delivered t o t he plaint if f or t he plaint if f ’ s at t orney a copy of
t he f orm f or Claim of Exempt ion and Request f or Hearing or, alt ernat ively, 14 business
days if you mailed a copy of t he f orm f or claim and request t o t he plaint if f or t he
plaint if f ’ s at t orney. If t he plaint if f or t he plaint if f ’ s at t orney f iles an obj ect ion t o your
Claim of Exempt ion and Request f or Hearing, t he clerk will not if y you and t he ot her
part ies of t he t ime and dat e of t he hearing. You may at t end t he hearing wit h or wit hout
an at t orney. If t he plaint if f or t he plaint if f ’ s at t orney f ails t o f ile an obj ect ion, no
hearing is required, t he writ of garnishment will be dissolved and your wages, money, or
propert y will be released.
IF YOU HAVE A VALID EXEMPTION, 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 ADVICE. IF
YOU NEED LEGAL ASSISTANCE YOU SHOULD SEE A LAWYER. IF YOU CANNOT AFFORD A
PRIVATE LAWYER, LEGAL SERVICES MAY BE AVAILABLE. CONTACT YOUR LOCAL BAR
ASSOCIATION OR ASK THE CLERK’ S OFFICE ABOUT ANY LEGAL SERVICES PROGRAM IN
YOUR AREA.
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
CASE NO.: 2021 CA 002559 OC
BMO HARRIS BANK N.A.,
Plaintiff,
vs.
JOHN B. HERBECK,
Defendant,
and
J. BRAD HERBECK, LLC,
Garnishee.
_________________________________/
CLAIM OF EXEMPTION AND REQUEST FOR HEARING
I claim exempt ions f rom garnishment under t he f ollowing cat egories as checked:
____1. Head of f amily wages. (Check eit her a. or b. below, if applicable. )
____a. I provide more t han one-half of t he support f or a child or ot her dependent and have net
earnings of $750 or less per week.
____b. I provide more t han one-half of t he support f or a child or ot her dependent , have net earnings
of more t han $750 per week, but have not agreed in writ ing t o have my wages garnished.
____2. Social Securit y benef it s.
____3. Supplement al Securit y Income benef it s.
____4. Public assist ance (welf are).
____5. Workers’ Compensat ion.
____6. Reemployment assist ance or unemployment compensat ion.
____7. Vet erans’ benef it s.
____8. Ret irement or prof it -sharing benef it s or pension money.
____9. Lif e insurance benef it s or cash surrender value of a lif e insurance policy or proceeds of annuit y cont ract .
____10. Disabilit y income benef it s.
____11. Prepaid College Trust Fund or Medical Savings Account .
____12. Ot her exempt ions as provided by law. (explain) ________________________________________
________________________________________________________________________________________
I request a hearing t o decide t he validit y of my claim. Not ice of t he hearing should be given t o me at :
Address: ___________________________________________
[10762-189/9578593/1]
Telephone number: ___________________________________
I CERTIFY UNDER OATH AND PENALTY OF PERJURY t hat a copy of t his CLAIM OF EXEMPTION AND REQUEST
FOR HEARING has been f urnished by (circle one)Unit ed St at es mail or hand delivery on _________ (insert
dat e) t o: (insert names and addresses of Plaint if f or Plaint if f ’ s at t orney and of Garnishee or Garnishee’ s
at t orney t o whom t his document was f urnished)
_______________________________________________________________________________________ .
I FURTHER CERTIFY UNDER OATH AND PENALTY OF PERJURY t hat t he st at ement s made in t his request are
t rue t o t he best of my knowledge and belief .
Def endant ’ s signat ure ___________________________________ Dat e __________________________
STATE OF FLORIDA
COUNTY OF ______________
Sworn and subscribed t o bef ore me via ____ physical presence or ____ online not arizat ion t his _____ day
of __________________, 20____ , by (name of person making st at ement )
_______________________________________
Not ary Public/ Deput y Clerk
Personally Known _____ OR Produced Ident if icat ion _____
Type of Ident if icat ion Produced _____________________________________________________________
[10762-189/9578593/1]
Preview
Filing # 145518336 E-Filed 03/11/2022 09:21:03 AM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO.: 2021 CA 002559 OC BMO HARRIS BANK N.A., Plaintiff, vs. JOHN B. HERBECK, Defendant, and J. BRAD HERBECK, LLC, Garnishee. _________________________________/ PLAINTIFF’S NOTICE TO DEFENDANT OF SERVICE OF CONTINUING WRIT OF GARNISHMENT ON GARNISHEE, J. BRAD HERBECK, LLC (Fla. Stat. §77.041(2)) Plaintiff, BMO HARRIS BANK N.A., by and through the undersigned attorneys, gives notice pursuant to §77.041(2), Florida Statutes, that true and correct copies of the following documents have been served on the parties identified in the Certificate of Service below: (1) Plaintiff’s Motion for Issuance of Continuing Writ of Garnishment after Judgment as to Garnishee, J. Brad Herbeck, LLC, dated February 24, 2022 (attached hereto as Exhibit “1”); and (2) Continuing Writ of Garnishment Continuing Writ of Garnishment after Judgment as to Garnishee, J. Brad Herbeck, LLC, with attached Notice to Defendant of Right against Garnishment of Wages, Money and Other Property and Claim of Exemption and Request for Hearing, issued by the Clerk on February 25, 2022, (attached hereto as Exhibit “2”) and served on Garnishee on March 9, 2022. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been served via U.S. Mail to: John Brad Herbeck, 1220 Ironsmith Drive, Unit 202, Celebration, FL 34747; and J. Brad Herbeck, LLC, 1220 Ironsmith Drive, Unit 202, Celebration, FL 34747, this 11th day of March, 2022. /s/ Bradley J. Anderson _________________________________ Bradley J. Anderson, Esquire Florida Bar No.: 00105695 banderson@zkslawfirm.com jwenhold@zkslawfirm.com service@zkslawfirm.com ZIMMERMAN, KISER & SUTCLIFFE, P.A. 315 E. Robinson St., Suite 600 (32801) P.O. Box 3000 Orlando, FL 32802 Telephone: (407) 425-7010 Facsimile: (407) 425-2747 Counsel for Plaintiff BJA/jbc 10762-189 [10762-189/9578561/1] 2 Filing # 144557681 E-Filed 02/24/2022 02:44:05 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO.: 2021 CA 002559 OC BMO HARRIS BANK N.A., Plaintiff, vs. JOHN B. HERBECK, Defendant, and J. BRAD HERBECK, LLC, Garnishee. _________________________________/ PLAINTIFF’S MOTION FOR ISSUANCE OF CONTINUING WRIT OF GARNISHMENT AFTER JUDGMENT AS TO GARNISHEE, J. BRAD HERBECK, LLC Plaintiff, BMO HARRIS BANK N.A. (“Plaintiff”), by and through its undersigned counsel, and pursuant to Section 77.03 and 77.0305, Florida Statutes, moves for the issuance of a Continuing Writ of Garnishment against Salary or Wages after Judgment as to the Garnishee, J. BRAD HERBECK, LLC (“Garnishee”), and as grounds therefore states as follows: 1. On July 7, 2020, Plaintiff obtained an Order for Summary Judgment against Defendant, JOHN B. HERBECK (“Defendant”), in the case of BMO Harris Bank N.A. v. John B. Herbeck, filed in the Circuit Court of Lake County, Illinois, Case Number 19 L 427, in the total amount of $389,239.31 (the “Judgment”). A true and correct copy of the Judgment is attached hereto as Exhibit “A.” 1 2. On or about September 24, 2021, Plaintiff domesticated the Judgment in Osceola County, Florida in the above case style. The domestication of the Judgment is now final, as Defendant failed to object to the domestication within the timeframe required by Florida Statutes. 3. There remains due and owing on the Judgment the sum of $389,239.31, plus post- judgment costs and post-judgment interest accrued at the statutory rate. 4. Plaintiff has reason to believe that Garnishee may have in its possession or control money belonging to Defendant including, but not limited, wages and/or salary that is due and owing or will become due and owing in the future. 5. Plaintiff has attached a proposed Continuing Writ of Garnishment hereto as Exhibit “B.” WHEREFORE, Plaintiff, BMO HARRIS BANK N.A., moves this Court for the issuance of a Continuing Writ of Garnishment against Garnishee, J. BRAD HERBECK, LLC, which Plaintiff has reason to believe may have in its hands, possession or control goods, money, chattels or effects belonging to Defendant, JOHN B. HERBECK. DATED this 24th day of February, 2022. /s/ Bradley J. Anderson _________________________________ Bradley J. Anderson, Esquire Florida Bar No.: 00105695 banderson@zkslawfirm.com jwenhold@zkslawfirm.com service@zkslawfirm.com ZIMMERMAN, KISER & SUTCLIFFE, P.A. 315 E. Robinson St., Suite 600 (32801) P.O. Box 3000 Orlando, FL 32802 Telephone: (407) 425-7010 Facsimile: (407) 425-2747 Counsel for Plaintiff [10762-189/9538881/1] 2 A IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO.: 2021 CA 002559 OC BMO HARRIS BANK N.A., Plaintiff, vs. JOHN B. HERBECK, Defendant, and J. BRAD HERBECK, LLC, Garnishee. _________________________________/ CONTINUING WRIT OF GARNISHMENT AS TO GARNISHEE, J. BRAD HERBECK, LLC THE STATE OF FLORIDA: To All and Singular the Sheriffs of the State: YOU ARE HEREBY COMMANDED to summon the Garnishee, J. BRAD HERBECK, LLC c/o Alper Trustees, LLC 255 Primera Blvd., Suite 160 Lake Mary, FL 32746 to serve an Answer to this Writ on Plaintiff’s attorney, whose name and address is: Bradley J. Anderson, Esquire Florida Bar No.: 00105695 Zimmerman, Kiser & Sutcliffe, P.A. Post Office Box 3000 Orlando, FL 32802-3000 Attorneys for Plaintiff B within twenty (20) days after service on said Garnishee, 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 the Defendant, JOHN B. HERBECK (“Defendant”), at the time of said answer, or was indebted at the time of service of this Writ, or at any time between such times, and in what sum or sums; and what tangible or intangible personal property of said Defendant said Garnishee has in said Garnishee’s possession or control at the time of said Garnishee’s answer, or had at the time of the service of this Writ, or at any time between such time; and whether said Garnishee knows of any other person indebted to said Defendant or who may have any other property of said Defendant in his possession or control. The Garnishee’s answer shall specify the periods of payment (for example weekly, bi-weekly or monthly) and amount of monies owing to Defendant and be based on the period during which this Writ is served on the Garnishee. During each pay period, a portion of the Defendant’s salary or wages as it becomes due shall be held and not disposed of or transferred until further order of this Court. The amount of salary or wages to be withheld for each pay period shall be made in accordance with the following paragraph. This Writ shall continue until the Plaintiff’s Judgment is paid in full or until otherwise provided by Court Order. Federal law (15 U.S.C. §§ 1671-1673) limits the amount to be withheld from salary or wages to no more than 25% of the Defendant’s disposable earnings (the part of earnings remaining after the deduction of any amounts required by law to be deducted) for any pay period or to no more than the amount by which the individual’s disposable earnings for the pay period exceed 30 times the federal minimum hourly wage, whichever is less. [10762-189/9539075/1] 2 For administrative costs, the Garnishee may collect $5.00 against the monies owed to the Defendant for the first deduction and $1.00 for each deduction thereafter. The total amount of the Final Judgment as set out in Plaintiff’s Motion is $389,239.31, plus post-judgment costs and post-judgment interest accrued at the statutory rate. FAILURE TO FILE AN ANSWER WITHIN THE TIME REQUIRED MAY RESULT IN THE ENTRY OF JUDGMENT AGAINST THE GARNISHEE FOR THE ABOVE TOTAL AMOUNT OF $389,239.31 PLUS INTEREST AND COSTS. DONE AND ORDERED in Chambers at Kissimmee, Osceola County, Florida, this _____ day of ________________, 2022. ____________________________________ Robert J. Egan, Circuit Judge BJA/jbc 10762-189 [10762-189/9539075/1] 3 Filing # 144601068 E-Filed 02/25/2022 09:33:13 AM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO.: 2021 CA 002559 OC BMO HARRIS BANK N.A., Plaintiff, vs. JOHN B. HERBECK, Defendant, and J. BRAD HERBECK, LLC, Garnishee. _________________________________/ CONTINUING WRIT OF GARNISHMENT AS TO GARNISHEE, J. BRAD HERBECK, LLC THE STATE OF FLORIDA: To All and Singular the Sheriffs of the State: YOU ARE HEREBY COMMANDED to summon the Garnishee, J. BRAD HERBECK, LLC c/o Alper Trustees, LLC 255 Primera Blvd., Suite 160 Lake Mary, FL 32746 to serve an Answer to this Writ on Plaintiff’s attorney, whose name and address is: Bradley J. Anderson, Esquire Florida Bar No.: 00105695 Zimmerman, Kiser & Sutcliffe, P.A. Post Office Box 3000 Orlando, FL 32802-3000 Attorneys for Plaintiff within twenty (20) days after service on said Garnishee, exclusive of the day of service, and to file 2 the original with the Clerk of this Court, either before service on the attorney or immediately thereafter, stating whether the Garnishee is indebted to the Defendant, JOHN B. HERBECK (“Defendant”), at the time of said answer, or was indebted at the time of service of this Writ, or at any time between such times, and in what sum or sums; and what tangible or intangible personal property of said Defendant said Garnishee has in said Garnishee’s possession or control at the time of said Garnishee’s answer, or had at the time of the service of this Writ, or at any time between such time; and whether said Garnishee knows of any other person indebted to said Defendant or who may have any other property of said Defendant in his possession or control. The Garnishee’s answer shall specify the periods of payment (for example weekly, bi-weekly or monthly) and amount of monies owing to Defendant and be based on the period during which this Writ is served on the Garnishee. During each pay period, a portion of the Defendant’s salary or wages as it becomes due shall be held and not disposed of or transferred until further order of this Court. The amount of salary or wages to be withheld for each pay period shall be made in accordance with the following paragraph. This Writ shall continue until the Plaintiff’s Judgment is paid in full or until otherwise provided by Court Order. Federal law (15 U.S.C. §§ 1671-1673) limits the amount to be withheld from salary or wages to no more than 25% of the Defendant’s disposable earnings (the part of earnings remaining after the deduction of any amounts required by law to be deducted) for any pay period or to no more than the amount by which the individual’s disposable earnings for the pay period exceed 30 times the federal minimum hourly wage, whichever is less. For administrative costs, the Garnishee may collect $5.00 against the monies owed to the [10762-189/9539075/1] 2 NOTICE TO DEFENDANT OF RIGHT AGAINST GARNISHMENT OF WAGES, MONEY, AND OTHER PROPERTY The Writ of Garnishment delivered t o you wit h t his Not ice means t hat wages, money, and ot her propert y belonging t o you have been garnished t o pay a court j udgment against you. HOWEVER, YOU MAY BE ABLE TO KEEP OR RECOVER YOUR WAGES, MONEY, OR PROPERTY. READ THIS NOTICE CAREFULLY. St at e and f ederal laws provide t hat cert ain wages, money, and propert y, even if deposit ed in a bank, savings and loan, or credit union, may not be t aken t o pay cert ain t ypes of court j udgment s. Such wages, money, and propert y are exempt f rom garnishment . The maj or exempt ions are list ed below on t he f orm f or Claim of Exempt ion and Request f or Hearing. This list does not include all possible exempt ions. You should consult a lawyer f or specif ic advice. IF AN EXEMPTION FROM GARNISHMENT APPLIES TO YOU AND YOU WANT TO KEEP YOUR WAGES, MONEY, AND OTHER PROPERTY FROM BEING GARNISHED, OR TO RECOVER 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. IF YOU HAVE A VALID EXEMPTION, 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 OR THE PLAINTIFF’ S ATTORNEY AND THE GARNISHEE OR THE GARNISHEE’ S ATTORNEY AT THE ADDRESSES LISTED ON THE WRIT OF GARNISHMENT. NOTE THAT THE FORM REQUIRES YOU TO COMPLETE A CERTIFICATION THAT YOU MAILED OR HAND DELIVERED COPIES TO THE PLAINTIFF OR THE PLAINTIFF’ S ATTORNEY AND THE GARNISHEE OR THE GARNISHEE’ S ATTORNEY. If you request a hearing, it will be held as soon as possible af t er your request is received by t he court . The plaint if f or t he plaint if f ’ s at t orney must f ile any obj ect ion wit hin 8 business days if you hand delivered t o t he plaint if f or t he plaint if f ’ s at t orney a copy of t he f orm f or Claim of Exempt ion and Request f or Hearing or, alt ernat ively, 14 business days if you mailed a copy of t he f orm f or claim and request t o t he plaint if f or t he plaint if f ’ s at t orney. If t he plaint if f or t he plaint if f ’ s at t orney f iles an obj ect ion t o your Claim of Exempt ion and Request f or Hearing, t he clerk will not if y you and t he ot her part ies of t he t ime and dat e of t he hearing. You may at t end t he hearing wit h or wit hout an at t orney. If t he plaint if f or t he plaint if f ’ s at t orney f ails t o f ile an obj ect ion, no hearing is required, t he writ of garnishment will be dissolved and your wages, money, or propert y will be released. IF YOU HAVE A VALID EXEMPTION, 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 ADVICE. IF YOU NEED LEGAL ASSISTANCE YOU SHOULD SEE A LAWYER. IF YOU CANNOT AFFORD A PRIVATE LAWYER, LEGAL SERVICES MAY BE AVAILABLE. CONTACT YOUR LOCAL BAR ASSOCIATION OR ASK THE CLERK’ S OFFICE ABOUT ANY LEGAL SERVICES PROGRAM IN YOUR AREA. IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO.: 2021 CA 002559 OC BMO HARRIS BANK N.A., Plaintiff, vs. JOHN B. HERBECK, Defendant, and J. BRAD HERBECK, LLC, Garnishee. _________________________________/ CLAIM OF EXEMPTION AND REQUEST FOR HEARING I claim exempt ions f rom garnishment under t he f ollowing cat egories as checked: ____1. Head of f amily wages. (Check eit her a. or b. below, if applicable. ) ____a. I provide more t han one-half of t he support f or a child or ot her dependent and have net earnings of $750 or less per week. ____b. I provide more t han one-half of t he support f or a child or ot her dependent , have net earnings of more t han $750 per week, but have not agreed in writ ing t o have my wages garnished. ____2. Social Securit y benef it s. ____3. Supplement al Securit y Income benef it s. ____4. Public assist ance (welf are). ____5. Workers’ Compensat ion. ____6. Reemployment assist ance or unemployment compensat ion. ____7. Vet erans’ benef it s. ____8. Ret irement or prof it -sharing benef it s or pension money. ____9. Lif e insurance benef it s or cash surrender value of a lif e insurance policy or proceeds of annuit y cont ract . ____10. Disabilit y income benef it s. ____11. Prepaid College Trust Fund or Medical Savings Account . ____12. Ot her exempt ions as provided by law. (explain) ________________________________________ ________________________________________________________________________________________ I request a hearing t o decide t he validit y of my claim. Not ice of t he hearing should be given t o me at : Address: ___________________________________________ [10762-189/9578593/1] Telephone number: ___________________________________ I CERTIFY UNDER OATH AND PENALTY OF PERJURY t hat a copy of t his CLAIM OF EXEMPTION AND REQUEST FOR HEARING has been f urnished by (circle one)Unit ed St at es mail or hand delivery on _________ (insert dat e) t o: (insert names and addresses of Plaint if f or Plaint if f ’ s at t orney and of Garnishee or Garnishee’ s at t orney t o whom t his document was f urnished) _______________________________________________________________________________________ . I FURTHER CERTIFY UNDER OATH AND PENALTY OF PERJURY t hat t he st at ement s made in t his request are t rue t o t he best of my knowledge and belief . Def endant ’ s signat ure ___________________________________ Dat e __________________________ STATE OF FLORIDA COUNTY OF ______________ Sworn and subscribed t o bef ore me via ____ physical presence or ____ online not arizat ion t his _____ day of __________________, 20____ , by (name of person making st at ement ) _______________________________________ Not ary Public/ Deput y Clerk Personally Known _____ OR Produced Ident if icat ion _____ Type of Ident if icat ion Produced _____________________________________________________________ [10762-189/9578593/1]