The state of Florida permits creditors to sue debtors in civil court to collect unpaid debt. If a judgment is entered against you, state law permits creditors to place a lien against your property, seize funds in your bank account or garnish your wages. Creditors may pursue these actions separately or concurrently. If you're facing a wage garnishment in Florida, you need to understand how the process works and what rights you have.
Wage Garnishment Process
After obtaining a judgment, your creditor must file a motion for continuing writ of garnishment and a continuing writ of garnishment order with the clerk of court. If the judge approves the motion, the continuing writ of garnishment order can then be served on the debtor and the employer. Your employer must respond to the order within 20 days and provide the creditor with information regarding the amount and frequency of your wages. You have 20 days to appeal the order or file an exemption claim. Under Florida law, creditors may garnish up to 25 percent of your disposable income or the amount by which your weekly disposable income exceeds 30 times the federal minimum wage, whichever is less.
Head of Household
Florida offers debtors a unique protection in the head-of-household exemption. Under Title XV, Chapter 222 of the Florida Code, a debtor who provides more than half of the financial support for his household may exempt up to $750 per week in disposable income. If you claim head of household and your disposable income does not exceed $750 per week, a garnishment order cannot be enforced unless you agree to it in writing.
Exempt Income
If you are unable to claim the head-of-household exemption, you may qualify for other state and/or federal income exemptions. Under federal law, you may exempt certain government benefits, including Social Security payments, Supplemental Security Income, veterans' benefits, student assistance, military survivors' benefits and federal retirement and disability payments. Under state law, you may also exempt unemployment benefits, worker's compensation benefits, public assistance benefits, life insurance benefits and domestic support payments you receive, such as alimony or child support. If your bank account contains exempt deposits, a creditor cannot seize them through a bank garnishment. These benefits are not exempt in cases where a garnishment order is enforced for unpaid taxes or child support.
Considerations
If your employer receives a continuing garnishment order and fails to respond within 20 days, state law allows the creditor to seek a judgment against the employer for the full amount of the debt. If you are unable to claim head of household and your income is not exempt under state or federal law, you may consider filing bankruptcy to prevent enforcement of the garnishment order. Filing bankruptcy enforces an automatic stay against your creditors, which effectively stops all collection actions until the case is resolved. Consult an attorney to discuss your options.
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