P6 – Friendly Wage Garnishment
0:00
OK, I wanted to cover what I call a friendly wage garnishment.
0:04
This is aversion of equity stripping, where you are able to create a wage garnishments in a situation where you can’t avoid levy against your wages. When I say wages, I’m talking about resigned a W four with an employer and you get a W two over here, those are wages, it can be garnished.
0:22
If you’re working with an organization in some way where you’re getting a 1099 and it just to check, that’s not really considered wages.
0:29
And even though it’s subject to levy, that can easily be remedy by changing the payee on the 1099.
0:36
So if it’s Bill Smith, who’s receiving the payment, under the 1099, All Bill Smith has to do is instruct the company to pay his company.
0:47
And they’ll do that very easily with its EIN, its tax number and this sort of thing.
0:52
When it comes to wages, you can’t receive W two wages in any other name, but your own legal name.
0:58
That’s just the way the system is, but we do have some measures of protection, For example. There is, there are two laws.
1:08
They’re federal. And all the states have adopted them, except except for the states, and I’ll go over that in a second.
1:14
The Consumer Credit Protection Act is the federal statute, but it’s also adopted into the 46 states.
1:20
And what that basically says is that an employer cannot fire you.
1:24
If you have a wage garnishments, He can’t penalize you in some way.
1:29
And if he does, there’s they’re actually criminal and civil penalties for doing so.
1:33
And that’s why I encourage people, not to try to reduce the amount that’s being garnished for, you know, the 25%, let’s say, which is the maximum amount. States like New York are only 10%.
1:44
But why would you reduce it from 25 to 20 or 15%, and then expose yourself to being fired where the employee, the employer, has no penalty of any kind.
1:54
And also, when you reduce the amount being garnished, buy an exemption when you file an exemption with the court.
2:02
It opens the door for other creditors too, garniture paycheck as well, so you could, let’s say you have 2 or 3 creditors, obtainable, judgements and begin Garnishments.
2:12
If you get an exemption against the 25% on the first creditor and reduce it to, let’s say, 15%, the next creditor can garners the other 10% and you waive all your protections under that particular statute. You can look it up. It’s very easy to find.
2:27
It’s, uh, you know, you can just search it on the internet is called the Consumer Credit Protection Act.
2:33
So here’s how I use it to people’s advantage.
2:35
In the among the other provisions of the act, it also precludes a second lien creditor from attending a rate of garnishment from the court where there’s already a writ of Garnishment.
2:49
So, as long as the first word of, Gosh, minutes for the full amount, 25%, or whatever the state limits it to than everyone else’s.
2:58
Having to wait in line to garnish your wages.
3:01
So that’s why I can take $5 million in debt and turn it into the same risk as someone who has $50,000 in debt because the garnishment would be exactly the same.
3:08
It doesn’t matter how much debt you have, what matters is that, how many, how many gershman are in place.
3:13
So using that, I figure, if that’s the case, why would I give up any amount of money to creditors When I can just create the paperwork as if I loaned or a borrowed money and my friend loan money to me and I didn’t pay him.
3:29
And we had a friendly arrangement where I told him, hey, just go ahead and sue me and get a judgement if you feel better about it, but I promise, I’ll pay back soon. That sort of thing.
3:37
So, this is a procedure or process whereby you can create this situation where your friend has garnishing your wages.
3:46
He’s not actually doing that, by the way. What we’re going to do is make it to where you control all the paperwork, he’s just allowing you to use his name to do it.
3:52
It is a bit of a favor to ask a friend to do this because he does have to show up at a couple of hearings. He doesn’t have to say much.
4:01
It’s a pretty simple procedure, and I’ll explain all that.
4:04
So anyways, it makes way better sense to look at the cash flow aspect of paying a debt, because some people want to pay the debt and be done with it. They say they want to be, they want to have it off their back, so to speak.
4:18
It doesn’t fix your credit.
4:20
Paying a debt does not fix your credit.
4:22
I’m talking about, you know, anyone who’s reporting to your credit file like a bank.
4:26
No, like the credit card issuer, anyone who’s going to report your credit file paying does not fix your credit. In fact, they’re almost precluded from changing any item on your credit. They said that the judgements paid, but it’ll still show up as defaulted judgement and this sort of thing on your credit.
4:44
So you should look at the cash flow in in respect to whether or not to pay a creditor in terms of how is that cash going to be beneficial to yourself.
4:56
What so look at it in terms of what is the net present value of my cash?
4:59
If I if I take my savings that I’m getting from my job, and I pay off a $5000 credit card because it’s easy to do and then I’m not being sued anymore or They’re not going to garnished me or something. Now.
5:12
I’m out that $5000, But for what so why I don’t have to deal with paperwork. It doesn’t really make any sense You’re not really solving a problem.
5:20
You’re actually putting herself years behind building your net worth And It goes for you know obviously the larger amount you’re gonna pay on an unsecured debt That doesn’t serve you anymore is really just it’s actually eating away your time and building your net worth now.
5:38
I’m the opposite when it comes to Paying friends and family if you borrow from friends and family or someone provided a service to you then pay the individual or pay that professional and make some sort of favorable arrangements whatever works Do the best? You can and now I think that’s the moral thing to do but when it comes to creditors like banks.
5:56
It’s just, they just exploit people and I just say, don’t pay them. They’re not gonna lose any money anyways. They didn’t risk anything in the first place.
6:03
So, I always like to look at protecting wage income in terms of what the net present value is of that cash flow so I could take my $5000 instead of paying Citibank, just because I’m afraid of being sued, afraid of a process that were coming to my house. So what?
6:19
All right, so I can take that $5000, and I can literally buy a business, an online business that takes me 3 to 4 hours a week to operate as a typical example and I can make $2000 a month with that $5000. Why not do that? Why not take the $5000 and put it toward an asset?
6:36
And if I do want to pay the creditor one, maybe I can sleep better at night Well, now I have an asset that I can use to pay the creditor start learning how to buy assets and acquire assets in ways that can serve you.
6:47
So, like, so, let’s say I want to buy a home a motorcycle because I like to drive it in the mountains on the weekends, right?
6:53
Well, I can go spend 20, 30, $40,000, I don’t know how much makeup motorcycles are out of my savings.
7:00
But I can also by the laundromat in my neighborhood, I know you hear me say this a lot. This is a hypothetical example but I can buy the car wash or the laundromat in my neighborhood. I don’t have to take on a second job to do that.
7:11
It doesn’t take much to manage an asset that’s already being managed, and I can use the income for that asset to pay for the thing that costs me money.
7:19
So, why not use an asset to pay for a liability?
7:22
Still, I don’t care if you create an asset. I still recommend not paying these creditors, but that’s, that’s a choice you could make.
7:28
But at least, your, have the skill, then, or the ability, or knowledge, that you can acquire an asset, and use it to pay for something that it’s a liability.
7:36
Like, you can acquire an asset to For the simple purpose of, you’d like to travel a lot. So, you want to cover your costs for traveling.
7:43
You can buy travel agency or something that pays for that offset your cost.
7:48
So, I like to look at that.
7:50
The, your cashflow in that way, So, that’s why I’m, that’s why I put this whole procedure together for protecting your wages.
7:58
See, you don’t have to do it. I mean, you can look at it like this. Let’s say at $100,000 in credit card, debt, and everybody sued you. And only the first one who obtained a wage garnishment can get the wage garnishments.
8:08
So, from then on, you might lose 25% of your net income, maybe it’s 10%.
8:13
If you’re in a 46 states that allow a wage garnishment, that’s way better than trying to settle for you know, doing a consolidation or try to do a settlement program. Those are just scams. Those are scams that are organized by the banking system. Trust me, this is not a thing that’s going to help people, it’s just gonna it’s gonna ruin your ability to build your net worth. That’s what the whole system is all about. What we do is this.
8:34
So we’re going to use the court system the same way the banks do, we’re going to use it to perfect elite interests.
8:40
And then once we get the paperwork done, we’ll get the judge to agree to it, which is very easy to do.
8:45
Then we can, we can then, ask the astro rid of garnishment against wages, and then, once that writ is issued, it’ll sit there until the Court expires. If it’s expired by statutes or rules of procedure, it depends on where you’re doing this.
8:59
And I keep mentioning 46 states there are four states that do not allow wage garnishments unless it’s for alimony, child support, student loan Collections, or IRS, or probably State tax.
9:12
So there are a list of certain debts that you can’t really prevent from being collected against wages.
9:19
But when it comes to unsecured debt collections like creditors and debt collectors, you can they’re easy to block.
9:26
The four states are Pennsylvania, Texas, South Carolina, and North Carolina. Those states do not allow wage garnishments except from those five agencies or organizations.
9:36
Alimony, child support, state income tax, federal income tax, and student loan.
9:42
Alright, so, what you do is simply this, you go to the court, you can, you can go to the, the higher court, like the circuit court, or the superior court, or, what’s called, the district court, I think, in New York, is called the district court, I think.
9:54
And you can go to the higher claims courts, where you can state a claim for an unlimited amount, You can, you can sue for over 25,000 or over 15,000, or whatever, above, small claims court.
10:05
It just has a higher filing fee, and there’s a little more formality with that.
10:09
It’s just as effective to have a $5000 lean. As it is a $50,000 thing. We used to do it for a quarter of a million dollars.
10:16
I do now for five to $15,000. And they’ll just stay there forever, because they’re never gonna get paid, you’ll just use them until the lane expires.
10:22
So you go into small claims.
10:24
You contact your Clerk a court. You can go on the Internet.
10:27
You can go to your local County court. You go to your small claims division, and you ask the clerk, or you go online.
10:32
Maybe the Clerk will give you the online Web address, and you get the small claims packet for pro se.
10:40
That means people without attorneys, for pro se litigants, who want to follow small claims Court, for small claims lawsuit.
10:47
And you simply fill it out. It’s nice because a lot of them are just checkbox forms.
10:51
Sometimes they’re not, so, you know, you have to kinda rewrite a form, you can use a complaint form from another state, and you can modify the language.
10:59
But the general claim is this: you would sue in a friendly case, you will have your friend, sue, you would write all this up, and then your friend would just agree to let you use his name to do all this stuff.
11:09
You would sue for a stated account.
11:11
What that means is, you were sent a bill and a demand for payment, and you didn’t pay.
11:16
And so now there’s a, there’s an account that’s been stated, and demand has been made.
11:21
And because it’s a stated account, I don’t have to allege the existence of a contract. I could just say, here’s the bill. And he didn’t pay.
11:28
And the judges say, OK, as long as it’s not contested, because the case law says there has to be an underlying debt, but it’s not going to matter in this case because you’re not going to contest or friendly judgement, and you want someone to get this leaves. So you can use it to protect yourself from everyone else.
11:43
So a stated account is the quickest, easiest, fastest way to get up this lean in place.
11:48
So it’s a lawsuit for state of the account.
11:51
And what, what, the way you do it is like this.
11:54
It’s not your typical process, like you see in the movies, and the rules provide this method.
12:01
You simply take your complaint, and you have to have a demand letter that shows that the plaintiff your friend, sent you a demand in the mail, even though he didn’t do it. It’s just a letter that’s backdated about a year.
12:14
Because we’re gonna start this now. We didn’t think about this and plan ahead for a year, right? So you’re just going to start this now. So you write a letter that basically says, Hey, Bill, you owe me, 4900 bucks.
12:23
I’m really, I really need that money back, and when can you pay me?
12:27
Please send it within 30 days Your friend, you know, George, whatever.
12:32
So you dated for about a year ago.
12:36
You do your small claims forms, you attach this letter, OK, this is an exhibit to the complaint, OK, so on the complaint, it says, you’re suing for an open account or a stated account.
12:47
And, the demand letter is attached.
12:51
Then you claim in that complaint that the defendant never responded or disputed it.
12:57
And then you’re asking the court for a judgement. It’s as simple as it is. It’s like a three line complaint.
13:02
So you take this into the court. Now the clerk of the court is going to ask you for something called a civil cover sheet. It’s a checkbox form. It’s a way the clerk collects data. Don’t be so scared about this form.
13:11
You can’t mess this up if it’s if it’s not checked off correctly.
13:16
The clerk will said, give it back to you if it’s not completed. Put it that way. The clerk will give it back if you make a mistake on a particular category of lawsuit or something like that. It’s not going to affect your case at all, the clerk. All you care about is that the clerk accepts the civil cover sheet accepts your complaint with the exhibit.
13:32
And, if she’s a case number, this is the most important thing.
13:36
You want a case number.
13:40
Once you have a case number, you’re not going to need to issue a summons on your friend or on yourself.
13:48
Uh, two to appear because this is an arrangement between friends.
13:54
Even the judge can understand that, you know, you guys are friends and you just organize this, so that because you can pay him now, you told me, get a judgement, OK. We understand that.
14:03
So, the way you do it is, after the case number is issued, is the defendant is going to file an answer. And it should look like a letter. It shouldn’t look like a formal pleading like. An attorney would write basically the letter should be dated. It should identify the name and address of the plaintiff. the name and address of the defendant.
14:20
It should be a letter from the defendant to the plaintiff.
14:26
And a copy should be filed with the court, and in the letter it should just basically say, OK, I know, I read the complaint, I see what you’re doing, OK. I know. I owe you. I’m sorry, I’ll do the best I can to pay you Back Sincerely, Bill Smith, right?
14:41
And then that becomes the defendants’ answer.
14:44
And this is considered a general admission and because there’s no defense like the defendant didn’t deny any of the allegations. In fact, he admitted that he said, Yeah, I know I owe you. I’ll do the best. They can be back, right. That means there’s no controversy. There’s no controversy. The planners should get what he’s asking for or the case should be dismissed, something like that. In this case it’s going to be where the plaintiff will get a judgement.
15:09
We follow the layman’s answer now.
15:12
This this avoids default because the answer is filed within the 20 days, and besides your friend is not going to ask for default judgement against you, and we don’t want default judgement, So there’s really not going to be a default issue.
15:24
You’re going to answer within the time.
15:27
About a week after the lehmann’s answer, as I call it, is filed with the court.
15:31
You don’t have to mail it to your friend.
15:33
That’s already settled, but you need to file with the court, you can do by first class mail.
15:37
About a week after that’s done, you want to file a request for summary judgement, It’s formerly called a motion for summary judgement.
15:43
And basically what that says is there’s no controversy. There’s nothing to say there’s no discovery pending. Nobody’s asking each other questions.
15:50
There are no disputes as to any important facts.
15:53
In the case, there’s no reason to go to trial and that the plaintiff is entitled to the judgement, as a matter of law, it’s very easy to do.
16:01
The reason why we ask for summary judgement because it takes away the courts need to have the plaintiff prove up the case, you can avoid that altogether.
16:11
You don’t have to prove it the case, if you’re asking for summary judgement.
16:14
So it becomes very easy for the plaintiff to just walk in there on a motion for summary judgement.
16:19
And the key thing on the procedure here, is, once the motion for summary judgement is filed, there has to be 20 days lapse before there’s a hearing on that motion. You can’t file it.
16:28
And then five days later, ruling on it, That’s technically correct. Now, some judges will, will see that there’s no point in waiting another three weeks. So they’ll, they’ll grant the motion.
16:39
But just keep that in mind, that the actual procedure is 20 days, advance, notice. So there has to be a motion for summary judgement and a notice of a hearing.
16:47
The plaintiff has the schedule, actually the defendant can just schedule it and then scheduled for a month out.
16:54
Send your notice and motion for summary judgement, You know, before the 20 days begin before the hearing date, and then you have your hearing that your friendly plaintive shows up.
17:04
There’s no controversy, the definitive course never shows up.
17:07
And so, the only question then is whether or not to grant the motion. I mean, there’s no reason why the judge would not granted. We had one just recently where the judge wanted to ask a series of questions to the plaintiff.
17:19
And he’s not supposed to do that but basically here’s the response.
17:24
Even though the judge is not supposed to engage in ex parte communication, sometimes we have to tell the judge, Yeah, you know, Your Honor, my friend. And I know we had some things going on and I let him some money and he couldn’t pay me, and he felt really bad.
17:37
And he said, look, if it feels, if you feel better doing this, and if your wife will stop …, just go into court and get a small claims judgement against me. So here I am, Your Honor.
17:46
And, of course, he’s not here. He doesn’t contest any of that stuff, so the judge should just grant emotion. It’s very easy.
17:51
All right, So you’re gonna get a piece of paper with the judge’s signature, with a judgement of X dollars.
17:58
Once you get that, you have to go to the Clerk of Court and get a certified copy of this is called a conformed copy.
18:04
C O N, F O R, M E D, conformed copy, or Certified Copy, and all that means is the clerk of the Court will print it out and stamp a seal on it, and then charge you a dollar or something to have a copy of it.
18:17
So when the clerk hand you the certified or conformed copy the judgement, you hand it back to the clerk with an application for rid of garnishments.
18:25
Now that’s a different set of paper. So first, we went to the clerk. Can we got the small claims processing procedures, and forms for doing a small claims action?
18:32
And sometimes, in those packets, the forms needed to ask for a wage garnishment are not included, so you have to go look for a second set of documents for pro se, application for continuing rate of wage garnishment, that’s what you want.
18:49
And sometimes you can find these, I’m going to show an example here, You can find these on on the Internet.
18:54
I’ll show you how to do that in a second.
18:56
Alright, so you simply take your conform, copy the judgement you apply for really garnishment if there’s not already pending, you’re gonna get it.
19:03
If there’s already one pending, I’m going to show you real quick, how to get, how to get that stop.
19:07
So, if you’re dealing with a situation where the bank beat you to it, I can show erupt theirs and get yours in place first.
19:15
It doesn’t matter when somebody got the judgement, what matters is when, who got the rid of garnishment first, OK? It only matters who got the judgement first and recorded it when you’re talking about titles to real estate and equity.
19:28
So, once we get the garnishment, you have a couple of choices. You can sit on it, which you, I recommend. You can just sit on it.
19:34
And that’s enough to block everybody else from getting rid of argument.
19:37
You can also arrange it to where the garnishment actually takes money from your check. It doesn’t go to your friend.
19:43
I mean, you could do it if you want that way, but you can also use one of your LLC companies, You can use an LLC, and you can you can deposit the garnished amounts into the company account.
19:55
So, that way, you still get the money, but it’s your garnishing, your own check. It’s going to your own account. You could do that too.
20:00
You can, you know, sit on it. You can, you can have a process server. Serve it on an employer and actually take the money and, you know, put it in your company account. You can do pretty much anything you want.
20:08
Sometimes the clerk of court will push you into a situation where he or she will say, Well, you have to, you have to issue a summons and serve it on the employer. And I don’t know if that’s true.
20:20
I mean, you can just tell the clerk, Well, I just want the red, I’ve got the written, now, the judge signed it Here.
20:25
He signed a judgement, then assign a writ of garnishment, and I’m just going to, I’m just gonna wait my friend and I are working something out, Right?
20:32
So, the clerk will say, OK, well, then come back here if you want to issue a summons. So, you can have that conversation with the clerk. If the clerk has given you a hard time about issuing a summons to the employer because some people don’t want that.
20:42
I don’t know why they and maybe people get embarrassed or something like that. So you want to this is a way where you can also exclude the employer from any contact regarding the garnishment.
20:51
In fact, once you do this, if you can just sit on the garnishments, Anyone else who tries to garnished won’t be able to get the read write.
20:58
So that means he’s not going to contact the employer, it makes it that much easier.
21:03
And let’s maybe he’s doing discovery, which is unlikely OK, So here’s how you would interrupt it.
21:13
It’s very simple.
21:13
You needed Automatics day, This is the simplest way to do it the other way to do it may be where you negotiate some sort of payment in exchange for releasing the garnishments That can work, But then it costs a little bit of money.
21:25
So just you gotta play with it a little bit for most people I would just recommend doing a bankruptcy.
21:31
This is not bankruptcy Everybody gets They start freaking out when they hear me say that what we’re doing is we’re using the US.
21:38
District Courts automatic stay procedure That’s in the bankruptcy rules We go in there. We fall about nine pages You get an automatic stay.
21:45
The moment the cases issued in the US District Court in the bankruptcy clerk of court It’s the same court has the US district court You get a case number as soon as that happens You serve notice on the garnishing party the bank That will stop the garnishments.
22:00
You wait about two days or so.
22:02
And you follett dismissal. You can just dismiss it right away.
22:05
You don’t have to wait, You’re not filing a bankruptcy, I’ll say this several times. A bankruptcy is when you go into the court You get your automatic stay, and then you submit a re-organization plan as to how you’re going to pay creditors. We’re not doing that at all.
22:18
We’re just getting enough papers filed, too, get the get the automatic stay for just one day.
22:24
We’re going to dismiss the bankruptcy and it’ll take the attorneys a month or two, sometimes three to re-instate their garnishment process that takes them awhile to get things going.
22:34
Well, you’ll already have your application for the garment ready to go.
22:37
So as soon as you dismiss your bankruptcy, you come in there and slap in your, your rid of garnishment, and you’ll get it. You’ll get it before the other bank. The bank comes back in and tries to re-instate it. So now once yours is in place, the bank will not be able to re-instate its rid of garnishment.
22:52
So I’m gonna review this real quick. So you get the civil cover sheet.
22:56
I forgot to mention there’s a fee waiver affidavits. So I always recommend people do it.
23:00
If you can qualify for a fee waiver, definitely do it.
23:05
Just look at the affidavit, every courts, a little bit different, but ask for a fee waiver.
23:09
It’s called an affidavit of indigence indigents, it’s I call, a fee waiver affidavit.
23:16
So why not ask the court if based on your income, if you’re willing to disclose it if the court can waive the filing fee when your friend files a friendly complaint?
23:26
And by the way, don’t use that language with the court.
23:29
This is just my language, OK, friendly wage, garnishment, I don’t even like that term, but just so you know, for our conversation, this is not a thing, OK, It’s just what I call it, so we know we’re talking about, Alright?
23:40
So then you got your account, your, your account stated complaint, your fee waiver affidavit, a civil cover sheet, and then you’re, you’re gonna have your lehmann’s answer. You can have a motion for summary judgement.
23:52
And there’s a form you’ll find, it will be with this video, it will be in the documents, motion for summary judgement, you can find those on the internet too.
23:58
But the most important thing on the motion is you’re just going to tell the judge that there’s nothing really worth going to trial over.
24:05
There’s no, there are no important facts in dispute.
24:08
Discovery is not pending and that you’re entitled to the judgement as a matter of law.
24:13
There does have to be an affidavit with it, basically. Basically the affidavit would say the same thing.
24:31
So yeah, there should be an affidavit with the motion, and it should say basically the same thing as what’s in your motion.
24:38
And then, once we get that in place, we do the application for already garnishment. OK, I’m going to show you something right now.
24:45
This is, now you’re gonna see this attached to the video, but I just want to show you, because I don’t.
24:51
You’re not gonna be able to read this too well, but just so you see, it means something here. So.
24:56
here’s your first page.
24:58
It’s called the continuing rate of garnishment against salary wages. It’s a form.
25:03
You can see the language in here actually is Word for Word, what’s in the statute, so this is for Florida.
25:10
It talks about where there’s exemptions and things like that. Typically, your your exemption that you may consider using is if your head of household in Florida and your particular state. This works in all the states, by the way. It works similarly.
25:23
As Head of Household in Florida, we have a particular statute that would allow you to avoid whole wage garnishment without even going through all this process. So, sometimes we can do that, a lot of times, we can’t. So, basically, all you need to have a certain level of income, a lower income, and independent.
25:38
That should be enough to get you the 100% exemption.
25:41
This is not a reduction in The amount that expose you to other creditors is completely different.
25:47
Now, there’s, there’s an exemption in state law, sometimes, like for head of household, you have to check your state statutes for that.
25:54
In Florida, it’s Florida Statute 222.11.
25:58
And also, there is a federal statute. This applies at all 50 states, or all 46 states.
26:04
OK, that’s Title 15.
26:06
And you can look this up on the Internet, Title 15 USC United States Code, And it’s Section 671 through 673.
26:15
And you’ll find that in 673, there’s little paragraph, and it tells you how to calculate whether or not you’re exempt based on your gross income and this sort of thing. So you can just, you can go find that online, and just get a scratch paper paper out, and just write it up, and you will see for yourself, if you’re exempt.
26:32
If you’re not exempt, this is when you want to get a friendly judgement lien in place, OK.
26:38
So then, what goes with this?
26:40
This is one page. Right, and the clerk issues.
26:42
It, the clerk is going to issue that the judges signed off and approve the application. For rid of garnishment, this is where, this is your second hearing, where your friend goes in there and says, you know, it’s still contested.
26:52
I want my rid of Garnishment and the judge that, again, signed the order, and we just presented with the forms to file.
26:58
Here, this is just notices that are required by statute, basically telling you about exemptions, how to ask for hearings, and so forth.
27:07
When someone In most states, when a party is asking for a bit of Garnishment against wages, he has to give the defendant blank forms to fill out checkbox forms that would stop at Florida, Florida Garnishment, or stop a wage garnishment, your, they have.
27:22
They have to tell you what exemptions you have.
27:25
Now, this is not going to apply to you because you want, you want this to be in place because you’re trying to protect yourself against another.
27:33
Another one, but as you can see, I’ll show you how to get this by searching on the Internet, but basically what they’re listing here is this is for a defendant, once he gets this.
27:43
Application design is rid of garnishment from the clerk, with the package.
27:47
He’s gonna get this claim for exemption, right.
27:50
And he can just read it and checkbox the form and mail it back into the Court, and then there’ll be a hearing on it and the judge will look at the facts and probably asked two questions. This is normally what happens when a bank is done going to do a garment. This is what you can do. In most states, what we’re doing, we’re talking about, we’re not going to do any of this stuff.
28:08
If you’re head of household, and you qualify for the exemption, you can see there’s a checkbox on the number-one spot. This is about the same in most states.
28:17
The rest of the thing, you have other exemptions and so forth.
28:21
Don’t don’t be concerned about those. This is not going to serve you. You don’t wanna reduce the amount. Like I said before, I explained that before.
28:27
Either, you’re going to be totally exempt because you’re head of household, or your income is not high enough, or you’re just going to use a friendly judgement.
28:35
And here we go, again, you’ve got, basically, once you, once you do the checkbox form, it’s an affidavit, it’s a jeer at, all right, this is the place where you have a notarized OK, and they sent it back.
28:46
We’re not going to do any of this stuff, but when your friends doing it, OK, your friend has to include these forms when he files width for the rid of garnishment.
28:54
Otherwise, the clerk is going to say, The application is incomplete, you have to include all the forms that go to the defendant, even though you’re not going to send them to the defendant.
29:02
The court doesn’t need to know that.
29:04
And, yeah, so here, here’s another. This will be the same in all states, OK? I got these two from different websites. Here’s an affidavit of exemption by head of family, right?
29:13
You’re going to see this, not in all the forms, mostly. Some, some states make it difficult, like New York.
29:20
The attorneys over there don’t want you to want it to be easy for people that don’t have attorneys. They want to be hired, right?
29:26
So here you can see it’s like 5 or 6 pages, mostly instructions. It’s pretty simple process. Here’s how I got it.
29:33
I just go on my favorite search engine and I searched for Florida.
29:39
Continuing writ of garnishment and variations of that, here’s the title of the document.
29:43
Continuing rid of garnishment against salary wages, I can search on that on that phrase or application for rid of garnishment.
29:51
So, you’ll find all these forms, same thing for small claims.
29:55
I can search, like, for example, State of Colorado, I can search on Colorado, Small Claims, pro se.
30:04
And I’ll probably find a PDF document with all these pages that I can print out. A lot of times, I can save it on my computer, and then I can edit the PDF file, and I can print it out from there. So, you know, all the counties are different, all the states are different.
30:16
You can, you can look around and see what you get.
30:20
That’s generally how you, how you get your friendly judgement lien in place.
30:25
There always, there’s always some kind of nuance or somehow expected thing that happens. You just kind of have to work through it.
30:31
If something is rejected from the court, or it doesn’t work the way you think, The court is always going to tell you what the problem is, and you’ll be able to find out what the problem is.
30:40
Sometimes it might be, it just usually, it’s a procedural problem.
30:45
Since you didn’t fill out a form properly or something like that, it’s a good idea to go through it. You should go through it once, even if you don’t need to.
30:50
Just to know how it’s done, so that way if you ever have to in the future, during the life of this friendly judgement you have, you can always put that in place as you needed over the years. So you can watch someone come along and try to sue you and at the point where he’s gonna get the judgement right about that point I would go and put my friendly judgement in, place my friendly lean in place, and I don’t care Then I don’t have to then spend money and time to go fight a lawsuit as you know.
31:15
Creditors, credit cards, it’s not worth your time to fight those. That’s why we got this together.
31:22
All right, so, I’m sure I’m going to do a follow up video but, that should be sufficient right now. Go and play with this. Go search on the internet. Pull the forms down. Go to your clicker court! Don’t be afraid to go into the court. It’s there for you. See what the forms are. See if you can have a friend do it.
31:40
Um, so, I’ll let you guys do that, and I’m sure we’ll probably end up doing one more video, and I might interview someone who has gone through the process, so that way you can kinda get a feel for that person’s experience doing it.