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Filing #89972082 E-Filed 05/22/2019 03:47:25 PM
IN THE CIRCUIT COURT FOR THE 9TH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY, FLORIDA
COLLINS ASSET GROUP, LLC., CASE NO.: 2017-CA-004919-O
Plaintiff,
Vv.
LARRY D. JOHNSON; WRIT OF GARNISHMENT
Defendant.
WELLS FARGO BANK,
Garnishee.
THE STATE OF FLORIDA
To Each Sheriff of the State
YOU ARE COMMANDED to summon the Garnishee, WELLS FARGO BANK, 1710S.
Andrews Avenue, Fort Lauderdale, Florida 33316, to serve an answer to this Writ on Maribel Diaz,
Esq, Attorney for Plaintiff, whose address is Behar, Gutt & Glazer, P.A., (954) 733-7030, 1855
Griffin Road, Suite A-350, Fort Lauderdale, Florida 33004, within twenty (20) days after service
on the 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, LARRY D. JOHNSON, at the time of the answer or was indebted at the
time of service of the Writ, or at any time between such times, and in what sum and what tangible
and intangible personal property of the Defendant, LARRY D. JOHNSON and, the Garnishee is in
possession or control of at the time of the answer or had at the time of service of this Writ, or at any
time 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, LARRY
D. JOHNSON.
The amount set in Plaintiff's motion is Sixty-One Thousand, One-hundred Fifty-Five Dollars and
41 /100 ($61,155.41), plus costs, interest and attorney fees.
TIFS ANS MPGRIERESS
BON 9.05.31
By Deputy ‘Cet
As Clerk of,th
09:31:02 -04'00"
As Deputy Clerk
Civil Division
425 N. Orange Avenue
Room 350
Orlando, Florida 32801
NOTICE TO DEFENDANT OF RIGHT AGAINST GARNISHMENT
OF WAGES, MONEY, AND OTHER PROPERTY
The Writ of Garnishment delivered to you with this Noticemeans 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 wages, money and property are exempt from garnishment. The major exemptions
are listed below on the form for Claim of Exemption and Request for Hearing. This list does not
include all possible exemptions. You should consult a lawyer for specific 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 after your request is received by
the court. The plaintiff or the plaintiff's attorney must file any objection with 8 business days if you
hand delivered to the plaintiff or the plaintiff's attorney a copy of the form for Claim of Exemption
and Request for Hearing or, alternatively 14 business days if you mailed a copy of the form forclaim
and request to the plaintiff or the plaintiff's attorney. If the plaintiff or the plaintiff's attorney files
an objection to your Claim of Exemption and Request for Hearing, the clerk will notify you and the
other parties of the time and date of the hearing. You may attend the hearing with or without an
attorney. If the plaintiff or the plaintiffs attorney 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.
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
APRIVATELAWYER, LEGAL SERVICES MAY BE AVAILABLE. CONTACT
YOUR LOCAL BAR ASSOCIATION OR ASK THE CLERK’S OFFICE ABOUT
ANY LEGAL SERVICES PROGRAM IN YOUR AREA.
CLAIM OF EXEMPTION AND REQUEST FOR HEARING
Case No.:
Plaintiff
vs.
Defendant
I claim exemptions from garnishment under the following categories as checked:
—— 1 Head of family wages. (You must check a. or b. below, if applicable.
a. I provide more than one-half of the support for a child or other dependent
and have net earnings of $750 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 $750 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;
Reemployment assistance or unemployment compensation;
Veterans’ 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;
10. Disability income benefits;
11. Prepaid College Trust Fund or Medical Savings Account;
12. Other exemptions as provided by law.
(explain)
I request a hearing to decide the validity of my claim. Notice of hearing should be given to me at:
Address:
Telephone Number:
I CERTIFY UNDER OATH AND PENALTY OF PERJURY that a copy of this CLAIM OF EXEMPTION
AND REQUEST FOR HEARING has been furnished by (Check one of the following forms of delivery)
regular United States mail or hand_delive: or email on the day of
, 2019 to (insert names and addresses of Plaintiff or Plaintiff's attorney and of Garnishee or
Garnishee’s attorney to whom this document was furnished):
IFURTHER CERTIFY UNDER OATH AND PENALTY OF PERJURY that the statements made in this request
are true to the best of my knowledge and belief.
Defendant’s signature Date
STATE OF FLORIDA
COUNTY OF
Sworn and subscribed to before me_ this day of 2019, by
Notary Public/Deputy Clerk
Print Name
Personally Known -or- Produced Identification
Type of Identification Produced