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· 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 CourtListener

Sourced 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.