You are subject to wage garnishment after a court-issued judgment. State laws vary regarding how much can be taken from your paycheck. Florida has strict laws regarding garnishments, particularly as they relate to the head of household.
Calculation
In Florida, a creditor can garnish the amount by which your income exceeds 30 times the minimum wage ($7.25 as of March 2011) or 25 percent of your disposable income, whichever is less.
Head of Household Exemption
In Florida, a head of household is exempt from wage garnishment. A head of household is a person who provides 50 percent or more of the income for at least one dependent. A head of household earning $500 or less is not subject to wage garnishment. Income above $500 per week may be garnished if the head of household agrees to it in writing.
Other Exemptions
Not all income can be garnished. In every state, Social Security, pensions, public benefits (unemployment benefits, workers' comp and veteran benefits) and insurance and annuities are exempt from wage garnishment. Regarding pension benefits, Florida goes one step further and protects all retirement benefits.
Nonexemptions
No matter your source of income, Florida -- like every other state -- enforces wage garnishment for child support, alimony and federal taxes.
Florida Statute of Limitations
A creditor has four years to collect on open accounts, defined as credit cards or oral contracts. The statute of limitations is five years for written contracts such as installment loans. Once the statute of limitations is up, the debt becomes time-barred, meaning that the creditor can no longer make an attempt to collect.
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