The Affidavit of Claim of Exemption is the form a defendant in Orange County, Florida, uses to tell the court that wages, money or other property taken under a writ of garnishment are exempt, and to ask for a hearing. The Orange County Clerk of Courts publishes it with a Notice to Defendant of Right Against Garnishment of Wages, Money, and Other Property. It is not a property tax form, even though it appears among Orange County resources. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the original PDF is published by the Clerk of Courts.
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What is Affidavit of Claim of Exemption – Orange County, FL?
The Affidavit of Claim of Exemption is the Orange County Clerk of Courts document in which a defendant claims that wages, money or other property garnished to pay a court judgment are exempt under state or federal law, and requests a hearing to decide the claim.
The PDF has two parts. The first is the Notice to Defendant of Right Against Garnishment of Wages, Money, and Other Property, which explains that a Writ of Garnishment delivered with the notice means property belonging to you has been garnished to pay a court judgment, and that you may be able to keep or recover it. The second is the Claim of Exemption and Request for Hearing, with a case caption (case number, plaintiff, defendant, garnishee), a checklist of twelve exemption categories, a hearing-request block, a sworn statement before a notary public or deputy clerk, and a certificate that a copy was furnished to the plaintiff.
The notice says its list of major exemptions does not include every possible exemption and tells you to consult a lawyer for specific advice; the Clerk cannot give legal advice.
This form deals only with garnishment. It is not a property tax exemption form and has no connection to a tax bill or a homestead application.
Who needs to file Affidavit of Claim of Exemption – Orange County, FL?
The main group is a defendant who has been served with a Writ of Garnishment together with the Notice to Defendant of Right Against Garnishment, and who believes the garnished wages, money or other property are exempt. The notice says certain wages, money and property, even when deposited in a bank, savings and loan or credit union, may not be taken to pay certain types of court judgments.
The form lists these exemption categories:
- head of family wages (you must check a or b);
- Social Security benefits;
- Supplemental Security income benefits;
- public assistance (welfare);
- Workers' Compensation;
- unemployment compensation;
- veterans' benefits;
- retirement or profit sharing benefits or pension money;
- life insurance benefits, cash surrender value of a life insurance policy or proceeds of an annuity contract;
- disability income benefits;
- Prepaid College Trust Fund or Medical Savings Account;
- other exemptions as provided by law, with an explanation.
The notice asks you to see a lawyer if you need legal help, and says legal services may be available through your local bar association or the Clerk's office. The form does not mention anyone signing for the defendant. It does not apply to anyone looking for a property tax exemption.
When to file Affidavit of Claim of Exemption – Orange County, FL
The notice sets a deadline: you must complete the Claim of Exemption and Request for Hearing and have the Clerk's office receive it within 20 days after the date you receive the notice, or you may lose important rights. It also says to file the form immediately to keep your wages, money or property from being applied to the court judgment.
After filing, a hearing is held as soon as possible after the court receives your request. The plaintiff must file any objection within 8 business days if you hand delivered a copy of the form to the plaintiff, or within 14 business days if you mailed it. If the plaintiff objects, the clerk notifies you and the other parties of the date and time of the hearing. If the plaintiff files no objection, no hearing is required, the writ of garnishment is dissolved and your wages, money or property are released.
Documents you need
- Identification for the notary public or deputy clerk, unless you are personally known to them; the form records the type of identification produced.
- A copy of the completed form for the plaintiff (or the plaintiff's attorney) and one for the garnishee, delivered to the addresses listed on the Writ of Garnishment.
How to fill out Affidavit of Claim of Exemption – Orange County, FL
Enter the case caption
Write the case number and the names of the plaintiff(s), defendant(s) and garnishee, exactly as they appear on the Writ of Garnishment.
Check your exemption categories
Under "I claim exemptions from garnishment under the following categories as checked," check each category from lines 1 to 12 that applies to you.
Choose a or b for head of family
If you check line 1, also check a or b. Line a is for support of a child or dependent with net earnings of $750.00 or less per week; line b is for net earnings of more than $750.00 per week where you have not agreed in writing to garnishment.
Explain other exemptions
If you check line 12, Other exemptions as provided by law, write your explanation in the space the form gives.
Request a hearing
In the hearing request, enter the address, city, state, ZIP and telephone number where notice of the hearing should be given to you.
Sign and have the form notarized
Sign as defendant under the statement that the request is true to the best of your knowledge and belief. The notary public or deputy clerk completes the sworn-and-subscribed block, including the type of identification produced unless you are personally known.
Complete the certificate of service
Enter the date and mark whether the copy went to the plaintiff or plaintiff's attorney by mail or by hand or fax delivery, then sign as defendant.
Review and download the completed PDF
Check every entry against the Writ of Garnishment, then download or print the completed PDF from FillingPDF and have it notarized before filing, as described under How to submit.
How to submit Affidavit of Claim of Exemption – Orange County, FL
The form is filed with the Clerk's office, and a copy goes to the plaintiff and the garnishee.
- Clerk's office: complete the form and have it notarized first (the form states it must be notarized before filing), then have the Clerk's office receive it within 20 days after you receive the notice. The form prints no street address, portal or fax number for the Clerk, so use the contact details of the Orange County Clerk of Courts.
- Plaintiff and garnishee: you must also mail or deliver a copy of the form to the plaintiff and the garnishee at the addresses listed on the Writ of Garnishment. The certificate at the bottom records the date and whether the copy went by mail or by hand or fax delivery.
A hearing is scheduled only if the plaintiff objects; the clerk then notifies you of the date and time, using the address and telephone number you give in the hearing-request block. No fee is mentioned on the form. FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Filing the form without having it notarized; the form states it must be notarized before filing.
- Letting the 20-day period run: the Clerk's office must receive the form within 20 days after you receive the notice.
- Not mailing or delivering a copy to both the plaintiff and the garnishee at the addresses on the Writ of Garnishment.
- Checking head of family wages (line 1) without choosing a or b, which depend on weekly net earnings and a written agreement to garnishment.
- Checking line 12, other exemptions, without writing the explanation the form asks for.
- Leaving the hearing-request address, city, state, ZIP and telephone number blank, when notice of the hearing is to be sent there.
- Skipping the certificate of service: the date and the mail or hand/fax delivery method are not filled in.
- Treating the form as a property tax exemption claim; it only claims exemptions from garnishment.
Frequently asked questions
What is the Affidavit of Claim of Exemption used for?
It is used by a defendant to claim that garnished wages, money or other property are exempt under state or federal law, and to request a hearing on the claim. The Orange County Clerk of Courts publishes it with the Notice to Defendant of Right Against Garnishment.
Is this an Orange County Florida property tax form?
No. Despite being an Orange County document, it has nothing to do with property tax or homestead exemptions. It is a garnishment form: it claims exemptions from a writ of garnishment issued to pay a court judgment. For property tax questions, contact the appropriate county office.
What is the deadline for filing a claim of exemption?
The Clerk's office must receive it within 20 days after the date you receive the notice, or you may lose important rights. The notice also says to file immediately to keep your wages, money or property from being applied to the judgment.
Does the Claim of Exemption have to be notarized?
Yes. The form states it must be notarized before filing. A notary public or deputy clerk completes the sworn-and-subscribed block, noting whether you are personally known or produced identification and what type.
Who do I have to send a copy of the claim to?
You must mail or deliver a copy to the plaintiff and the garnishee at the addresses listed on the Writ of Garnishment. The certificate at the bottom of the form records the date and whether the copy was sent by mail or by hand or fax delivery.
What happens after I file the Claim of Exemption?
If the plaintiff files no objection, no hearing is required, the writ of garnishment is dissolved and your property is released. The plaintiff has 8 business days to object if you hand delivered a copy, or 14 business days if you mailed it. If it objects, the clerk notifies you of the hearing date.
Do I need a lawyer to attend the hearing?
No. The notice says you may attend the hearing with or without an attorney. It also says the Clerk cannot give legal advice and that legal services may be available through your local bar association or the Clerk's office.
Can I fill out the Affidavit of Claim of Exemption online?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service: it does not notarize or file the form, so you still have it notarized and file it with the Clerk's office yourself.
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