Garnishment Certification of Service

by Selena
(Plantation, Broward County, Florida)

I have a claim of exemption and request for hearing form that I have to sign and get notarized.


The form requires me to complete a certification that I mailed or hand delivered copies to the plaintiff and the garnishee. What is the certification? Is it a form?

Do I need to order it? Do I need to get it from the post office because I don't know what that is.

Answer to Florida Court Forms Question

Dear Selena,

According to Florida Statutes - 77.041. Notice to individual defendant for claim of exemption from garnishment; procedure for hearing.--

(3) Upon the filing by a defendant of a sworn claim of exemption and request for hearing, a hearing will be held as soon as is practicable to determine the validity of the claimed exemptions. If the plaintiff or the plaintiff’s attorney does not file a sworn written statement that answers the defendant’s claim of exemption within 8 business days after hand delivering the claim and request or, alternatively, 14 business days if the claim and request were served by mail, no hearing is required and the clerk must automatically dissolve the writ and notify the parties of the dissolution by mail.


If I understand you correctly, you have a claim of exemption form but it does not have a "Certificate of Service" section.

If that is the case you will need to add a paragraph that essentially has the following wording...

***************

Certificate of Service


I certify that on the _____ day of __________, 20____, I (___) mailed (___) hand delivered this Claim of Exemption And Request For Hearing to __________________________ who is the (___) Attorney for the Plaintiff (___) Plaintiff at the following address: _____________________________________________________.


_________________________________
Signature of Defendant

***************


Your signature is the certification. You are attesting to the fact that you mailed or hand delivered it to the Plaintiff or the attorney.

You can also modify the certificate of service above to indicate that you mailed or hand delivered to the garnishee.

Usually, the certificate of service wording is located at the very end of a claim of exemption form. In your case it would be after the Notary section.

You can purchase our fillable PDF Claim of Exemption form for immediate download ($2.95). It includes wording for the garnishee.

Hope this helps.

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