Head of Household Hearing

[null0]

My question involves judgment recovery in the State of: FL

Default Judgment from 2007. Writ of Garnishment served to my employer and I filed for Head of Household exemption. Opposing counsel files a response to my claim of exemption and requested a deposition. Went to deposition and produced all documents that pertained to me as requested (Bank statements, 3 years taxes records, pay stubs). Attorney on phone immediately after depo was over asked if I wanted to offer a settlement. I offered 30% of original judgment. Just got word they declined my offer and received notice of a hearing in front of a judge later this week.

I believe I meet the FL requirement for HoH as I provide more than 50% support for a dependent (I make more than 50% more than my wife and our adolescent child lives with us.) Any idea what I should expect in this hearing?

[Mr. Knowitall]

You can expect the opportunity to present your evidence that you are a head of household and are entitled to the exemption, that opposing counsel will get to dispute your claim and present any evidence it possesses to the contrary, and that the judge will rule. The manner in which the hearing is conducted will depend upon whether the court sees it more as a motion hearing, in which case it will primarily be argument and review of documents, or an evidentiary hearing in which testimony is taken.

[null0]

Thank you Mr. Knowitall.

Hearing was scheduled for 10:30 this morning but at 8:30 I received a call from opposing counsel stating they were cancelling the hearing and disolving the writ of garnishment. After they declined my second offer to settle I told them I would see them in the judge's chambers for the hearing. Hopefully they are reconsidering. I am calling the judge's assistant to confirm the cancellation.

[cmre3456]

I am calling the judge's assistant to confirm the cancellation.

Good for you. You wouldn't be the first one to get sucker punched by "we are going to cancel" and then "we changed our mind" after you're a no show and loser by default. You might get that overturned, but who needs the hassle. I always begin with "I don't trust the opposing attorney AT ALL" and I'm rarely disappointed, LOL.

I'm not sure about "judge's chambers" as opposed to open court, but the the clerk or even a posted schedule will tell you where you need to go.

Mr. Knowitall told it like it is, so good luck to you.

[null0]

I found out why they canceled the hearing on HoH...so they could garnish my bank account. If HoH was established they couldn't get my bank account. working through that now.

[null0]

On 4/23 I received notice of voluntary dissolution of the writ of garnishment from OC. I hadn't heard anything until 4/30/2012 when I happened to check my public records and found they issued a new writ of garnishment on the joint bank account I have with my spouse. I called the bank and they had not been served so I went to the bank and removed my name from the account in order to not tie up my wife's money in this situation. (She is not named in the judgement.)

I filed a second claim of exemption for Head of Household and it has just been recorded with the clerk of the court. The OC can now either deny my claim and set a hearing to determine HoH or they can just not respond and the writ will be disolved.

If they don't respond and the writ of garnishment on the bank account is disloved, how can I get a determination on the Head of Household?

Thank you.