Legal Topics

Garnishment — Exemption — Head Of Household — Waiver Of Exemption — Authorization Of Garnishment Executed In 2003 And Stating That Defendant Agreed To Allow Salary To Be Garnished In Accordance With Section 222.11 Was Legally Sufficient To Waive

Oct 12th, 2019 in News by admin

Garnishment — Exemption — Head of household — Waiver of exemption — Authorization of garnishment executed in 2003 and stating that defendant agreed to allow salary to be garnished in accordance with section 222.11 was legally sufficient to waive head of household

claim of exemption under 2003 version of section 222.11(2)(b), which only required that waiver of exemption be in writing — Sentence in authorization stating more generally that plaintiff may garnish defendant’s salary “subject to state and federal statutes” does not control over more specific express agreement to garnishment in accordance with section 222.11 — 2010 version of section 222.11(2)(b), which requires specific language be included in written authorization for garnishment, should not be applied retroactively to authorization executed in 2003 — Claim of exemption is denied