Florida Regulations 69I-31.804: Bureau Responsibilities
Current as of: 2024 | Check for updates
|
Other versions
(1) Upon receipt of the facsimile transmission copy of the garnishment applicable to a judgment from the employing agency, the Bureau will calculate disposable earnings based upon the judgment debtor’s gross salary for the most recent pay period. The calculated amount of disposable earnings will be sent to the employing agency by the Bureau within two (2) working days of receipt of the facsimile transmission of the garnishment.
(2) Prior to receipt of the final order of garnishment, the Bureau will presume that all judgment debtors do not meet the definition of head of family and are not eligible to claim limits on garnishment provided in Florida Statutes § 222.11
(3) The Bureau will make its best effort to begin making the garnishment deduction on the next payroll processed for the judgment debtor after first receipt of the garnishment from the employing agency.
(4) The Bureau will make the first remittance with a remittance advice to the judgment creditor after receipt of the final order of garnishment and after receipt of the Judgment Debtor Information Form DFS-A3-1927 revised 07/11 from the employing agency. The remittance advice will identify the judgment debtor by name, court case number, social security number and amount. In the event that a remittance to a single judgment creditor relates to multiple judgment debtors, each individual amount will be identified. Subsequent remittances will be sent to the judgment creditor not later than two (2) working days from the date of the judgment debtor’s wage payment from which the garnishment amount was deducted.
(5) The Bureau will deduct from each remittance the fee authorized by section 77.0305, Florida Statutes, for administrative costs.
Rulemaking Authority 17.29 FS. Law Implemented 17.03, 77.0305, 222.11 FS. History-New 2-19-95, Formerly 3A-31.804.
Terms Used In Florida Regulations 69I-31.804
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
(3) The Bureau will make its best effort to begin making the garnishment deduction on the next payroll processed for the judgment debtor after first receipt of the garnishment from the employing agency.
(4) The Bureau will make the first remittance with a remittance advice to the judgment creditor after receipt of the final order of garnishment and after receipt of the Judgment Debtor Information Form DFS-A3-1927 revised 07/11 from the employing agency. The remittance advice will identify the judgment debtor by name, court case number, social security number and amount. In the event that a remittance to a single judgment creditor relates to multiple judgment debtors, each individual amount will be identified. Subsequent remittances will be sent to the judgment creditor not later than two (2) working days from the date of the judgment debtor’s wage payment from which the garnishment amount was deducted.
(5) The Bureau will deduct from each remittance the fee authorized by section 77.0305, Florida Statutes, for administrative costs.
Rulemaking Authority 17.29 FS. Law Implemented 17.03, 77.0305, 222.11 FS. History-New 2-19-95, Formerly 3A-31.804.