Stopping Wage Garnishment in Florida

A wage garnishment is a court order directing your employer to withhold a portion of each paycheck and remit it to a judgment creditor. In Florida, wage garnishment requires a final judgment and a writ of garnishment. Once in place, a garnishment can take 25% of disposable earnings (or more for certain debts) for as long as it takes to satisfy the judgment plus interest.

Several tools can stop a garnishment quickly. The right one depends on your income, marital and family status, and the type of underlying debt.

The Florida Head-of-Family Exemption

Florida is one of the most protective states in the country for wage earners. Section 222.11 of the Florida Statutes exempts the entire wages of a "head of family" from garnishment unless the wage earner has signed a written waiver. The exemption applies if you provide more than half the support of a child or other dependent.

Even where there is no head-of-family status, federal law caps consumer-debt garnishment at the lesser of 25% of disposable earnings or the amount by which disposable earnings exceed 30 times the federal minimum wage. Florida adopts the same federal cap for non-head-of-family wages.

If you are entitled to a head-of-family exemption, we file a claim of exemption and request for hearing. The garnishment is stayed pending the hearing and, in many cases, the creditor releases the writ once the exemption is documented.

Bankruptcy as the Definitive Solution

The fastest universal solution to a wage garnishment is a bankruptcy filing. The instant a petition is filed, the automatic stay stops every garnishment and levy by every creditor. A Chapter 7 case typically discharges the underlying judgment within a few months, eliminating the garnishment permanently.

For wages already withheld but not yet remitted to the creditor, the petition can sometimes recover funds depending on timing and the value of the funds compared to applicable exemptions.

Bank Account Levies

The same writ that authorizes wage garnishment also allows the creditor to freeze and levy bank accounts. A levied account is a particularly disruptive event – rent, mortgage, car payments, and other bills bounce until the levy is released or the account is unfrozen.

Florida law protects certain funds in a bank account from levy:

• Social Security and Supplemental Security Income – protected by federal law
• Veterans benefits and most disability payments
• Retirement-account distributions
• Head-of-family wages deposited within the most recent six months and identifiable as wages (with proper claim of exemption)
• Child support and alimony received by the debtor

If the account contains exempt funds, we file a claim of exemption to recover them. If the account contains non-exempt funds and the levy is recent, a bankruptcy filing typically releases the freeze.

Garnishments for Child Support, Alimony, and Taxes

The head-of-family exemption does not apply to garnishments for domestic support obligations (child support, alimony) or federal tax debts. These garnishments require different strategies – modification of the underlying support obligation, a payment plan with the IRS, or Chapter 13 to pay arrears over time.

Acting Quickly Matters

The longer a garnishment runs, the more money is lost to the creditor. If you have been served with a writ of garnishment or have noticed missing funds in your paycheck or bank account, call 786-522-1411 immediately. In many cases we can file emergency relief within a few business days and stop the bleeding.