Exemptions Available to the Judgment Debtor:
Collecting a Florida Judgment, A Series
Certain exemptions are entitled to the debtor. The debtor is the head of a family when that family is depending on the debtor for support. These exemptions include:
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Within the city limits, one-half acre or 160 acres of land in unincorporated areas that the head of the household lives with one or more family members.
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Personal property that does not exceed $1,000.00 in value.
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Salaries, wages, and commissioners gained by personal services of the debtor.
There is, however, a limit to garnishes. You cannot gain more than 25% of an individual’s, head of the household or not, disposable earnings.
An exemption on personal property can be made when a levy is made by a writ of execution involving personal property. This personal property can then be exempt from levy and sale and the debtor can claim it to be exempt from sale by making their personal property into inventory within 15 days after the levy date. The inventory must be of fair market value of the listed property and must also include an affidavit certifying that it also includes a correct personal property owned by the debtor list. The debtor must then designate the listed property that they claim to be exempt. The inventory as well as the affidavit must be filed with the court that issued the writ. The debtor must also serve to the judgment creditor, by hand delivery or mail, one copy. Another copy should be served to the sheriff who originally executed the writ.