· 5/22/2009
Zivitz v. Zivitz
Citations
- 16 So. 3d 841
- 2009 Fla. App. LEXIS 5870
- 2009 WL 1424067
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the 3 Case: 17-14404 Date Filed: 05/08/2018 Page: 4 of 5 untimely filing of an exemption claim prevented the debtor from receiving the benefit of the exemption and required a decision in favor of the garnishor
- indicating that “strict adherence” to the provisions of the garnishment statute is required
- holding section 77.041(1) only “provides that a garnishment defendant must complete and file a claim of exemption and request for 4 hearing within twenty days after receiving a notice of garnishment or else he may lose important rights to his property”
- “[S]ection 77.041 repeatedly used the word ‘must’ when identifying the actions a garnishment defendant must proactively take to protect wages, money, or property from garnishment.”
- Florida garnishment procedures require “strict adherence to the provisions of the statute”
Source: CourtListener parenthetical corpus (CC0).
Judges: Villano, Davis, Silberman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.