,'. '~ " ADMINISTRATIVE ORDER. It has been made known to the undersigned as Chie~ of the Fourth JUdicial Circuit that Florida Statutes, Sections

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1 ..,'. '~. :,~., t.-,, _.' '381: 4 Y~l JrG 3(Jj.. N TlE CRCUT COURT OF TlE FOURTH JUDCAL CRCUT OF THE STATE OF FLORDA, AND THE COUNTY COURTS N AND FOR DUVAL COUNTY CLAY COUNTY, AND NASSAU COUNTY, FLORDA. N RE: PROCEDURE FOR THE SSUANCE OF WRTS OF GARNSHMENT AFTER JUDGMENT. ADMNSTRATVE ORDER F l E 01!,JAN i ;: ~ A(r~Y~ CLERK cmcult COURT t has been made known to the undersigned as Chie~ Judge 'j of the Fourth JUdicial Circuit that Florida Statutes, Sections a~d 77.03, as well as Section , have been declared,.j unconstitutional to the extent that they authorize and permit the post judgment garnishment of wages of an individual without first providing that individual with notice of sa~d garnishment and an opportunity for a hearing to contest the propriety of said garnishment. (ETTA JANE BROWN, etc., VS 4 LBERTY LOAN CORPORATON OF DUVAL, and S. MORGAN SLAUGHTER, as Clerk, ~j ;j '1,,) rj, d t:; ~ L d!, { ',1 Defendants, and STATE Of FLORDA, ntervening Defendant. United States District Court, Middle District of Florida, Jacksonville.,.....,..~. Division, Case number Civ-J-S.) Section 77~03, Florida Statutes, prohibits the filing of a verified motion for a writ of garnishment after judgment. 'Therefore, there is no means for t~e clerk to properly determine whether such garnishment is for wa~es, or otherwise, and whether notice should be given. Hence, th,e procedure for the issuance

2 ;;':]854 G 394 OFFC!AL RECOHlS There are now pending numerous motions for writs 'of garnish-,ment after judgment which need to be disposed of. Further delay in the resolution of this matter will thwart the ends of justice and obstruct the speedy and efficient administration of the court's business. n consideration of the above and in order to set forth a procedure for the issuance of writs of garnishment after judgment in compliance with the la-;o/ as it now exists, it is ORDERED: n an action where judgment has been obtained against an individual defendant in the Circuit or County Court, and where, after that judgment, the clerk of said court bas been moved to issue a writ of garnishment, the clerk shall not issue said writ except in the following instances: 1. Upon order of the court in the garnishment proceedingi or 2. Upon the filing, with,said motion, of an affidavit that the monies or property sought to be recovered in the garnishment ac~ion are not wages norirnonies due to the defendant for personal labor or services. The form and substance of the affidavit, which shall be exclusively used, is attached hereto, made a part hereof, and marked Exhibit A. The clerk shall. provide the form of the affidavit for execution upon request. Or, 3. Upon the failure of the defendant to file an

3 i. '. i...' ' V;' 3854 PC 3!J5 OFFCAL RECORDS defendant, together with a copy of the motion for writ of garnishment, by United states mail. The form of said notice shall be as is set forth in the form of notice which is attached hereto, made a part hereof, and marked Exhibit B. The time prescribed in said notice shall be a date not less than ten (10) days from the date the notice is mailed to said defendant. n those cases where the movant is an attorney, or is represented by an attorney, a certificate of mailing a copy of said notice by said attorney at law shall be sufficient. n those cases where the movant is not an attorney, or is not represented by an attorney, the clerk shall mail notice and make certificate of the mailing thereon. DONE AND ORDERED at Jacksonville, Duval County, Florida, this /oj/,aay of January; A.D., Copies: All circuit Court Judges All County Court Judges Honorable D. o. Oxley aonorable S. Morgan Slaughter Honorable George L. Carlisle

4 ,, () '1 r,.,.... ;{ :3854 1G 3US CASE NO. UFFCAL ECOHOS N THE~ ~.COURT N AND FOR COUNTY. FLORDA. S. plaintiff, Defendant,,, 1 Garnishee. AFFDAVT STATE OF COUNTY OF Before me this day personally appeared ~Who being duly sworn, deposes and says the monies or property sought to be recovered by the motion for writ of garnishment filed herewith are not wages of the defendant nor monies due defendant for personal labor or services. AFFANT

5 v;t :3854 fg 387 OF f'cial RECOFmS N TlE COURT N AND FOR ' ~CO~UNTY. FLORDA, CASE NO, Plaintiff, Vs, Defendant, Garnishee. NOTCE TO: Defendant. You are hereby notified that a motion for writ of garnishment has been filed against the garnishee named above. The writ of garnishment will be issued on or after ~~~~- (date) unless you, before that date, file an affidavit with the clerk of the court, county Courthouse,, Florida, claiming your statutory exemption as provided by Sections and of the Florida Statutes. A copy of said affidavit should be furnished to the movant. Movant Address