Filing# 141606080 E-Filed 01/07/2022 05:13:19 PM

IN THE CIRCUIT COURT OF THE 15TH

mDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY, FLORIDA

CIRCUIT CIVIL DIVISION: AH

CASE NO. 50-2016-CA-009292-XXXX-MB

FIRST AMERICAN BANK, as successor

by merger to Bank of Coral Gables, LLC,

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Plaintiff,
vs.

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LAURENCE S. SCHNEIDER,

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STEPHANIE L. SCHNEIDER, et al.,

Defendants.

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FIRST AMERICAN BANK'S MOTION FOR CONTINUING
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WRIT OF GARNISHMENT TO REAL ESTATE & FINANCE, INC.
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Plaintiff, First American Bank ("First American"), pursuant to section 77.0305, Florida

Statutes, requests that this Court issue a continuing writ of garnishment against the Garnishee,
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Real Estate & Finance, Inc. ("Garnishee") and further states as follows:
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1. On September 22, 2020, this Court entered a Final Judgment ("Judgment") in

favor of First American and ordered Defendant, Stephanie Schneider ("Schneider") to pay First
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American $1,547,391.54, which shall bear interest at the 6.03% per year. A copy of the
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Judgment is attached as Exhibit A.

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2. As of the date of this Motion, the Judgment remains due and unsatisfied.
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3. First American is unaware of any physical property owned by Schneider on which

a levy can be made to sufficiently satisfy the Judgment.

MELAND I BUDWICK
3200 SOUTHEAST FINANCIAL CENTER J 200 SOUTH BISCAYNE BOULEVARD I MIAMI, FL 33131 IT 305-358-6363

FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 01/07/2022 05:13:19 PM
 4. In full or partial satisfaction of the Judgment, First American seeks to garnish all

funds in any and all accounts and property held by Garnishee belonging to Schneider.

5. Garnishee is believed to be one of Schneider's employers and is holding

Schneider's salary or wages.

Therefore, First American requests that the Court issue a continuing writ of garnishment

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against Garnishee, in the form attached as Exhibit B, as to whatever tangible and intangible

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personal property belonging to Schneider that the Garnishee has in its possession or control.

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Dated: January 7, 2022.

Respectfully submitted,

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s/ Meaghan E. Murphy
Meaghan E. Murphy, Esquire
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Florida Bar No. 102770
[email protected]
Alina A. Gomez, Esquire
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Florida Bar No. 1010500

[email protected]
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MELAND BUDWICK, P.A.

200 South Biscayne Boulevard, Suite 3200
Miami, Florida 33131
Telephone: (305) 358-6363
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Facsimile: (305) 358-1221

Co-Counselfor Plaintiff
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Email Designation per Fla. R. Jud.

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Admin2.516
[email protected]
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[email protected]
[email protected]
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[email protected]

MELAND I BUDWICK
3200 SOUTHEAST FINANCIAL CENTER I 200 SOUTH BISCAYNE BOULEVARD I MIAMI, FL 33131 IT 305-358-6363
 CFN 20200357886
Filing# 113749101 E-Filed 09/22/2020 11:30:53 AM OR BK 31773 PG 704
RECORDED 09/24/2020 11 :03:56
Palm Beach County, Florida
AMT
IN THE CIRCUIT COURT OF Sharon R. Bock
THE FIFTEENTH JUDICIAL CIRCUIT CLERK & COMPTROLLER
IN AND FOR PALM BEACH COUNTY, FLORfl'Ii);~704-0706; (3Pgs)

CASE NO.: 502016-CA-009292

DMSION AH

FIRST AMERICAN BANK, as

successor by merger to Bank of
Coral Gables, LLC,

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Plaintiff,

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v.

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LAURENCE S. SCHNEIDER,
STEPHANIE L. SCHNEIDER, et al.,

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Defendants.
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FINAL JUDGMENT
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THIS ACTION came before the Court upon Plaintiff's, First American Bank, Motion for

Deficiency Judgment bearing a Certificate of Service dated August 27, 2020 [DE 533], the
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Amended Final Judgment of Foreclosure (Supplemental Judgment) dated February 26, 2020 [DE

384], the Certificate of Sale dated August 3, 2020 [DE 519], and the Certificate of Title dated
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August 17, 2020 [DE 525]. Accordingly, this Court having granted the Motion for Deficiency

Judgment by Order dated September 21, 2020, hereby enters this Final Judgment, whereby it is
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ORDERED AND ADJUDGED THAT:

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1. Judgment is GRANTED in favor of Plaintiff, FIRST AMERICAN BANK, and against

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Defendants, LAURENCE SCHNEIDER and STEPHANIE SCHNEIDER, jointly and

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severally.

2.Plaintiff, FIRST AMERICAN BANK, 540 Biltmore Way, Coral Gables, Florida

33134, shall recover from Defendants, LAURENCE SCHNEIDER, 17685 Circle Pond

Court, Boca Raton, Florida 33496-1002, Social Security No.: t,>y . ,,,,t,•u,.•£AZ( and

STEPHANIE SCHNEIDER, 17685 Circle Pond Court, Boca Raton, Florida 33496-

Page 1 of 3

FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 09/22/2020 11 :30:53 AM EXHIBIT A
 CFN 20200357886
BOOK 31773 PAGE 705
Case No.50-2016-CA-009292-X XXX-MB 2 OF 3

1002, Social Security No.: I/ .,,,,,.?-:~,·P"\'·' 1 the sum of $1,547,391.54, for which let

execution issue.

3. The Total Amount Due due shall bear interest at the rate of 6.03% per year.

4. The Comt previously determined that Plaintiff, FIRST AMERICAN BANK, is entitled

to reasonable attorneys' fees, costs, and expenses incurred in connection with this action.

Accordingly, the Court retains jurisdiction to determine the total amounts of attorneys' fees,

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costs, and expenses to which Plaintiff is further entitled, to enter further orders that are proper,

and to supplement the final deficiency judgment as appropriate.

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DONE AND ORDERED in Chambers in Palm Beach County, Florida.
_____ __:.·--------~
----- - - - - - -

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~
50,2016;CA~00!J2!J2,XXXX•MB :_oo/22/2020
Samantha Schosbo{g Foucr:::Judgo
"'-----~~.::::§> .• ,, ··_..::..:_ __ _

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C:::--- ·-
sd-iorn:cA-009292~xxxx-MB 09i2212020
Samantha Schosberg f euer
Judge
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Copies furnished to:
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John W. Keller, III. Esq.

Keller & Mesa, LLP
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Attorneys for First American Bank

121 Majorca Avenue, #200
Coral Gables, FL 33134
Email:[email protected]
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Laurence S. Schneider
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Defendant
17685 Circle Pond Court
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Boca Raton, FL 33496

Email: [email protected]
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Stephanie L. Schneider
Defendant
17685 Circle Pond Court
Boca Raton, FL 33496
Email: [email protected]

Page 2 of3
 CFN 20200357886
BOOK 31773 PAGE 706
Case No. 50-2016-CA-009292-XXXX-MB 3 OF 3

Aleksandra Novakovich Gonzalez, Esq.

Sachs, Sax, Caplan
Attorneys for The Oaks at Boca Raton Property Owners' Association, Inc.
6111 Broken Sound Parkway, N.W., #200,
Boca Raton, FL33487
Email: [email protected]

Geoffrey M. Cahen, Esq.

Cahen Law, P.A.,
Attorneys for It's AN ew Day Corporation,
Real Estate & Finance, Inc., S&A
Capital Partners, Inc. Mortgage
Resolution Servicing, LLC and

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1' 1 Fidelity Loan Servicing, LLC
1900 Glades Road, Suite 270
Boca Raton, FL 3343 !Email: [email protected]

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.!{..- -~ Page 3 of3

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I hereby certify the foregoing is a true copy of the record in my office

~ .____ 0
with red tions, if any as required by law as of this day, Sep 22, 2021.
Joseph er , R Beach County, Florida.
BY ~elf.'t!~~~Lfl_{!__!:_~~~1Z==-□ eputy Clerk
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 IN THE CIRCUIT COURT OF THE 15TH
JUDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY, FLORIDA

CIRCUIT CIVIL DIVISION: AH

CASE NO. 50-2016-CA-009292-XXXX-MB

FIRST AMERICAN BANK, as successor

by merger to Bank of Coral Gables, LLC,

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Plaintiff,
vs.

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LAURENCE S. SCHNEIDER,

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STEPHANIE L. SCHNEIDER, et al.,

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Defendants.
-----------------''
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CONTINUING WRIT OF GARNISHMENT TO REAL ESTATE & FINANCE, INC.
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TO THE STATE OF FLORIDA:

To All and Singular the Sheriffs of the State:
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Garnishee: Real Estate & Finance, Inc.

c/o Laurence Schneider
1199 South Federal Highway
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#369
Boca Raton, FL 33432
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YOU ARE COMMANDED to summon the Garnishee to serve an answer to this

writ on Meaghan Murphy, Esq., Plaintiff's attorney, whose address is 200 South Biscayne
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Blvd., Suite 3200, Miami, FL 33131, within 20 days after service of this writ, exclusive of
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the day of service, and to file the original with the clerk of court either before service on
the attorney or immediately thereafter. The answer shall state whether the Garnishee is
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the employer of the Defendant, Stephanie Schneider, and whether the Garnishee is
indebted to the Defendant by reason of salary or wages. The Garnishee's answer shall
specify the periods of payment (for example, weekly, biweekly, or monthly) and amount
of salary or wages and be based on the Defendant's earnings for the pay period during
which this writ is served on the Garnishee.

During each pay period, a portion of the Defendant's salary or wages as it becomes
due shall be held and not disposed of or transferred until further order of this Court. The
amount of salary or wages to be withheld for each pay period shall be made in accordance

EXHIBIT B
with the following paragraph. This writ shall continue until the Plaintiffs judgment is paid
in full or until otherwise provided by Court order.
Federal law (15 U.S.C. §§ 1671-1673) limits the amount to be withheld from salary
or wages to no more than 25% of any individual Defendant's disposable earnings (the
part of earnings remaining after the deduction of any amounts required by law to be
deducted) for any pay period or to no more than the amount by which the individual's
disposable earnings for the pay period exceed 30 times the federal minimum hourly wage,
whichever is less.

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For administrative costs, the Garnishee may collect $5.00 against the salary or
wages of the defendant for the first deduction and $2.00 for each deduction thereafter.
The total amount of the final judgment outstanding as set out in the plaintiffs

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motion is $1,547,391.54, plus interest 6.03% per year.

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FAILURE TO FILE AN ANSWER WITHIN THE TIME REQUIRED MAY RESULT
IN THE ENTRY OF JUDGMENT AGAINST THE GARNISHEE FOR THE ABOVE TOTAL

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AMOUNT OF $1,547,391.54, plus interest at 6.03% per year.

DONE AND ORDERED in Chambers in West Palm Beach, Palm Beach County,
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Florida.
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HON. SAMANTHA SCHOSBERG FEUER

Circuit Court Judge
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 NOTICE TO DEFENDANT OF RIGHT AGAINST GARNISHMENT OF WAGES, MONEY,
AND OTHER PROPERTY
The Writ of Garnishment delivered to you with this Notice means that wages, money, and
other property belonging to you have been garnished to pay a court judgment against you.
HOWEVER, YOU MAY BE ABLE TO KEEP OR RECOVER YOUR WAGES, MONEY, OR
PROPERTY. READ THIS NOTICE CAREFULLY.
State and federal laws provide that certain wages, money, and property, even if deposited in
a bank, savings and loan, or credit union, may not be taken to pay certain types of court

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judgments. Such wages, money, and property are exempt from garnishment. The major
exemptions are listed below on the form for Claim of Exemption and Request for Hearing.
This list does not include all possible exemptions. You should consult a lawyer for specific
advice.

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IF AN EXEMPTION FROM GARNISHMENT APPLIES TO YOU AND YOU WANT TO KEEP

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YOUR WAGES, MONEY, AND OTHER PROPERTY FROM BEING GARNISHED, OR TO
RECOVER ANYTHING ALREADY TAKEN, YOU MUST COMPLETE A FORM FOR CLAIM

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OF EXEMPTION AND REQUEST FOR HEARING AS SET FORTH BELOW AND HAVE THE
FORM NOTARIZED. IF YOU HAVE A VALID EXEMPTION, YOU MUST FILE THE FORM
WITH THE CLERK'S OFFICE WITHIN 20 DAYS AFTER THE DATE YOU RECEIVE THIS
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NOTICE OR YOU MAY LOSE IMPORTANT RIGHTS. YOU MUST ALSO MAIL OR DELIVER
A COPY OF THIS FORM TO THE PLAINTIFF OR THE PLAINTIFF'S ATTORNEY AND THE
GARNISHEE OR THE GARNISHEE'S ATTORNEY AT THE ADDRESSES LISTED ON THE
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WRIT OF GARNISHMENT. NOTE THAT THE FORM REQUIRES YOU TO COMPLETE A

CERTIFICATION THAT YOU MAILED OR HAND DELIVERED COPIES TO THE PLAINTIFF
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OR THE PLAINTIFF'S ATTORNEY AND THE GARNISHEE OR THE GARNISHEE'S

ATTORNEY.
If you request a hearing, it will be held as soon as possible after your request is received by
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the court. The plaintiff or the plaintiff's attorney must file any objection within 8 business days
if you hand delivered to the plaintiff or the plaintiff's attorney a copy of the form for Claim of
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Exemption and Request for Hearing or, alternatively, 14 business days if you mailed a copy
of the form for claim and request to the plaintiff or the plaintiff's attorney. If the plaintiff or the
plaintiff's attorney files an objection to your Claim of Exemption and Request for Hearing, the
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clerk will notify you and the other parties of the time and date of the hearing. You may attend
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the hearing with or without an attorney. If the plaintiff or the plaintiff's attorney fails to file an
objection, no hearing is required, the writ of garnishment will be dissolved and your wages,
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money, or property will be released.

IF YOU HAVE A VALID EXEMPTION, YOU SHOULD FILE THE FORM FOR CLAIM OF
EXEMPTION IMMEDIATELY TO KEEP YOUR WAGES, MONEY, OR PROPERTY FROM
BEING APPLIED TO THE COURT JUDGMENT. THE CLERK CANNOT GIVE YOU LEGAL
ADVICE. IF YOU NEED LEGAL ASSISTANCE YOU SHOULD SEE A LAWYER. IF YOU
CANNOT AFFORD A PRIVATE LAWYER, LEGAL SERVICES MAY BE AVAILABLE.
CONTACT YOUR LOCAL BAR ASSOCIATION OR ASK THE CLERK'S OFFICE ABOUT
ANY LEGAL SERVICES PROGRAM IN YOUR AREA.

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 CLAIM OF EXEMPTION AND REQUEST FOR HEARING

I claim exemptions from garnishment under the following categories as checked:

_ _ 1. Head of family wages. (You must check a. orb. below.)
_ _ a. I provide more than one-half of the support for a child or other dependent and
have net earnings of $750 or less per week.
_ _ b. I provide more than one-half of the support for a child or other dependent, have
net earnings of more than $750 per week, but have not agreed in writing to have my

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wages garnished.
_ _ 2. Social Security benefits.

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_ _ 3. Supplemental Security Income benefits.

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_ _ 4. Public assistance (welfare).
_ _ 5. Workers' Compensation.

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_ _ 6. Reemployment Assistance or Unemployment Compensation.

- - 7. Veterans' benefits.
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_ _ 8. Retirement or profit-sharing benefits or pension money.
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_ _ 9. Life insurance benefits or cash surrender value of a life insurance policy or

proceeds of annuity contract.
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_ _ 10. Disability income benefits.

_ _ 11. Prepaid College Trust Fund or Medical Savings Account.
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_ _ 12. Other exemptions as provided by law.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _(explain)
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I CERTIFY UNDER OATH AND PENALTY OF PERJURY that a copy of this

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CLAIM OF EXEMPTION AND REQUEST FOR HEARING has been furnished by (circle
one) United States mail or hand delivery on (insert date)_ _ __
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to: _ _ _ _ _ _ _ _ _ (insert names and addresses of Plaintiff or Plaintiffs attorney

and of Garnishee or Garnishee's attorney to whom this document was furnished).

[CONTINUES ON NEXT PAGE]

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 I FURTHER CERTIFY UNDER OATH AND PENALTY OF PERJURY that the
statements made in this request are true to the best of my knowledge and belief.

Defendant's signature
Date- - - - - - - - - - - - - -

STATE OF FLORIDA
COUNTY OF

Sworn and subscribed to before me this ____ day of (month and year), by (name

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of person making statement)
Notary Public/Deputy Clerk
Personally Known __ OR Produced Identification__

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Type of Identification Produced _ _ _ _ _ _ _ __

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