Wage garnishment may occur pursuant to a court order granted to a creditor to collect a past-due debt or due to an IRS or state tax collection. Federal law ensures that wage earners retain the right to at least a portion of their income. The state of Florida enhances these protections and prohibits the garnishment of wages for heads of household.
Head of Household Defined
A head of household is defined as any individual who provides more than half of the support for a child or other dependent. Wages less than or equal to $750 are automatically exempt from garnishment. Wages greater than this amount are also exempt unless you agree in writing to the garnishment.
Florida Exemptions
If you do not meet head of household qualification, several other exemptions are provided under Florida law. Social Security, pension, and insurance and annuity payments are all entirely exempt from garnishment. Public benefits such as unemployment benefits and worker's compensation are also exempt from garnishment unless the order is for child support or alimony.
Maximum Threshold
Florida adopts federal law that limits the maximum amount garnished to 25 percent of disposable income. Disposable income is all income after federal and state required deductions are taken from gross pay.
Garnishment Procedure
Before a creditor can garnish your wages, it must obtain a judgment for the debt. A creditor must sue within four years for open accounts, credit cards, and oral or verbal contracts, and within five years for written contracts.
If you do not satisfy the judgment, the creditor may return to the court to seek a writ of garnishment. A writ of garnishment may be enforced within five years if it is issued from a court outside of Florida, but may be enforced within 20 years if it issued by a Florida court.
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