Can an Ex-Landlord Garnish Wages From a Judgment in Florida?

When a tenant does not pay the rent agreed upon in his contract with a landlord, the landlord is legally allowed to pursue collection of this debt whether the tenant remains on his property or has moved on. The landlord has a number of ways to collect the debt, including garnishing the former tenant's wages. In Florida, before garnishing a debtor's wages, a creditor must first receive a civil judgment against the debtor and then a writ of garnishment.

Garnishment

Because debt derived from delinquent rent derives from a legally enforceable contract, the creditor is allowed to pursue collection of that debt through garnishment, if a court so orders it. To receive an order of garnishment, a creditor must file a suit against the debt. If the judge hearing the case agrees that the creditor's claim has merit and orders a judgment against the debtor, the creditor can then file a motion to garnish the debtor's income.

Exemptions

Who exactly in eligible to have their wages garnished is determined by state law. In some states, certain people, particularly those with low incomes, are ineligible to have their wages garnished. In Florida, however, no such state laws exist, though certain federal laws apply. For example, if the debtor is the head of a household, his wages cannot be garnished. In addition, a maximum of 25% of a debtor's income can be taken out of each paycheck.

Extrajudicial Garnishment

Before a creditor can attempt to garnish wages, he must first receive authorization from a judge. Once the creditor has received authorization, he must then approach the debtor's employer and request that the employer set aside a certain amount of the debtor's paycheck. Extrajudicial garnishments -- garnishments made outside of the legal system -- are patently illegal. If a landlord attempts to garnish wages without a court order, he can be sued for damages.

Statute of Limitations

Florida, like all states, has a statute of limitations on how long a creditor can pursue collection of a debt. According to Florida state law, if the debt derives from a written contract, the creditor can only seek to collect the debt within five years of the date that the debt went delinquent. After five years, the debtor is no longer obliged to pay and an order of garnishment will no longer be valid.