If your wages are being garnished, you may not last long with constant large cuts taken out of your paycheck. Especially, if you have been adversly impacted by the effects of the pandemic. Our Florida Wage Garnishment Lawyers are here to help you!
Florida wage garnishment laws allow creditors the legal right to garnish your wages to pay off unpaid debt. When you’re still in the midst of a significant financial meltdown, losing your net wages can be detrimental. It may even worsen an already difficult situation. In times like these, you need straightforward, valid legal support.
Understanding Florida Wage Garnishment Laws
It’s important to understand how garnishment works. Florida wage garnishments are governed by Chapter 77 of Florida Statutes. Garnishment methods, guidelines, and defenses are all outlined in these laws. It exists when your employer withholds a part of your wages to pay off your debts. However, a creditor must first sue you for any unpaid debts in order to receive a judgment against you. After a judgment is obtained, the creditor may seek an order to garnish your wages. There are some debts on the other hand which do not require a court order to facilitate a garnishment. Without a court order, your wages can be garnished for unpaid child support payments or unpaid taxes.
Florida wage garnishment laws provide restrictions on a creditor’s ability to garnish your wages. For instance, the amount is limited by federal law to 25% of your disposable income or the amount by which your wages reach 30 times the minimum wage. And if more than one creditor has a garnish wages order against your earnings, the cap applies. Certain forms of income, such as workers’ compensation and social security benefits, are also excluded from garnishment.
There are a few exemptions to these restrictions. For child support and tax payments, a larger portion of the wages can be garnished.
Head of Household Exemption: Florida Wage Garnishment
To prevent garnishment, those who are the head of their household and earn less than $750.00 a week may claim the head of household exemption in Florida. To do so, an individual must show proof of providing more than half of the financial support for a child or other dependent in their family. When an individual is notified of a wage garnishment request, he or she must first file an affidavit to be eligible for this exemption.
Florida law limits the number of judgments creditors can collect from a person’s wages, several measures and procedures must be taken to reach that decision.
Bank Garnishment Laws in Florida
In Florida, bank accounts are a common target for creditor garnishment writs. Bank garnishment laws in Florida require that upon a banks receipt of a garnishment writ, all bank accounts with the debtor’s name on the title of the account be immediately frozen. Exempt assets, such as retirement payments, annuity distributions, or head of household income, can be contained in debtor bank accounts.
Within Florida wage garnishment law, a debtor cannot sue a bank for damages if the garnishee bank froze an account that contained money that was not subject to garnishment. The debtor must receive a court order confirming the exemption and stopping the garnishment.
Always consult with a Florida Wage Garnishment Attorney
If you’re facing a Florida wage garnishment action, you’re probably concerned about what you should do next. At Marrero, Serrano, Farah Law, LP, our Florida wage garnishment Lawyers are here to help you. Call now to schedule a free consultation!
References for personal use