Opinion
2:21-mc-3-JLB-NPM
02-24-2021
LINCOLN SQUARE CAPITAL MANAGEMENT, LLC Plaintiff, v. MEGHAN R. RIZZO Defendants. and EXP REALTY, LLC Garnishee Defendant.
WRIT OF GARNISHMENT
TO: THE UNITED STATES MARSHAL OR PROCESS SERVER
YOU ARE COMMANDED to summon the garnishee, EXP Realty, LLC, whose principal address is 5039 Ocean Blvd., Siesta Key, FL 34242, to serve an answer to this Writ on Jonathan M. Bierfeld, Esq., Plaintiff's attorney, whose address is Martin Law Firm, P.L., 3701 Del Prado Blvd., Cape Coral, FL 33904, within 20 days after service of the Writ on the garnishee, stating whether the garnishee is indebted to defendant, Meghan R Rizzo (the “Defendant”), at the time of the answer, or was indebted at the time of service of the Writ, plus up to 1 business day for the garnishee to act expeditiously on the Writ, or at any time between such times, or will become indebted to the Defendant; in what sum and what tangible and intangible personal property of the Defendant the garnishee is in possession or control of at the time of the answer or had at the time of service of this Writ, or at any time between such times; and whether the garnishee knows of any other person indebted to the Defendant or who may be in possession or control of any of the property of the Defendant. The amount set in the Plaintiff's Motion is $85, 952.00, plus post-judgment interest. If the garnishee is a business entity, an authorized employee or agent of the entity may execute, file, and serve the answer on behalf of the entity.
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 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.
IF AN EXEMPTION FROM GARNISHMENT APPLIES TO YOU AND YOU WANT TO KEEP YOUR WAGES, MONEY, AND OTHER PROPERTY FROM BEING GARNISHED, OR TO RECOVER ANYTHING ALREADY TAKEN, YOU MUST COMPLETE A FORM FOR CLAIM 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 NOTICE OR YOU MAY LOSE IMPORTANT RIGHTS. YOU MUST ALSO MAIL OR DELIVER A COPY OF THIS FORM TO THE PLAINTIFF'S ATTORNEY AND THE GARNISHEE AT THE ADDRESSES LISTED ON THE WRIT OF GARNISHMENT. NOTE THAT THE FORM REQUIRES YOU TO COMPLETE A CERTIFICATION THAT YOU MAILED OR HAND DELIVERED COPIES TO THE PLAINTIFF/PLAINTIFF'S ATTORNEY AND THE GARNISHEE AT THE ADDRESSES LISTED ON THE WRIT OF GARNISHMENT
If you request a hearing, it will be held as soon as possible after your request is received by the court. The Plaintiff's attorney must file any objection within 8 business days if you hand delivered to the Plaintiff's attorney a copy of the form for Claim of 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's attorney. If the Plaintiff's attorney files an objection to your Claim of Exemption and Request for Hearing, the clerk will notify you and the other parties of the time and date of the hearing. You may attend the hearing with or without an attorney. If the Plaintiff's attorney fails to file an objection, no hearing is required, the Writ of garnishment will be dissolved and your wages, 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.
CLERK'S ADDRESS: CLERK, USDC Middle District of Florida - Fort Myers Division 2110 First Street Fort Myers, FL 33901
CLAIM OF EXEMPTION AND REQUEST FOR HEARING
I claim exemptions from garnishment under the following categories as checked:
__1. Head of family wages. (Check either a. or b. below, if applicable.)
__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 wages garnished.
__2. Social Security benefits.
__3. Supplemental Security Income benefits.
__4. Public assistance (welfare).
__5. Workers' Compensation.
__6. Reemployment Assistance.
__7. Veterans' benefits.
__8. Retirement or profit-sharing benefits or pension money.
__9. Life insurance benefits or cash surrender value of a life insurance policy or proceeds of annuity contract.
__10. Disability income benefits.
__11. Prepaid College Trust Fund or Medical Savings Account.
__12. Other exemptions as provided by law.