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In a lawsuit filed in Tampa, Florida, plaintiff alleged that on February 29, 2012, American Express Centurion Bank obtained a judgment against the plaintiff in the amount of $3,935.77. On June 15,2012, Hayt, Hayt & Landau, P.L., representing American Express Centurion Bank, obtained a continuing writ of garnishment against Andres Tobar in an attempt to collect on the judgment. On or about July 5, 2012, plaintiff filed a Claim of Exemption and Request for Hearing. Under Florida Statute 77.041 (3) the defendant had three days to hand deliver, or eight days to deliver by mail, a sworn written statement contesting the claim of exemption. On August 6, 2012, Andres Tobar filed a motion for entry of an order dissolving the writ of garnishment on the grounds that the eight day window for American Express Centurion Bank to file an objection to the Claim of Exemption had expired with no objection being filed. The plaintiff failed to file an objection to the claim of exemption within the required time frame, but instead filed a motion for extension oftime on August 10,2012, despite the fact that no such motion is provided for by Florida Statute 77.041(3). Rather the statute makes dissolution of the writ a mandatory ministerial act to be performed by the Clerk of the Court. On August 16,2012, American Express Centurion Bank, through its attorney Hayt, Hayt & Landau, filed a Motion for Extension of Time to File Opposition to Claim of Exemption, knowing that there was no such provision in the Florida Statute for such a motion. Nevertheless, on August 22, 2013, the court issued an order allowing an additional 15 days from the date of the order for American Express Centurion Bank to file its Opposition to the Claim of Exemption. The last date plaintiffs were permitted by the court to file an objection to the claim of exemption was September 6, 2012. On September 14,2012, the court denied Tobar's Motion for entry of Order Dissolving the Writ of Garnishment. On November 20, 2012, 81 days after the court issued its extension of time, and 66 days after the expiration of the extension of time, American Express Centurion Bank.
Among other debt collectors, Hayt, Hayt & Landau represents National Collegiate Student Loan Trust.
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STARTED SINCE 1990
Orlando Consumer Rights Lawyer - providing aggressive and affordable professional services to consumers who have been victims of debt collection harassment by debt collectors and auto fraud, to residents in Orlando, Kissimmee, and throughout the Central Florida Area.