How to stop wage garnishment in Florida

Fr_Chuck · Jan 28, 2007, 11:16 AM

First they are taking 25 percent not 50 percent, don't know where your idea of 50 percent comes from.

Next you can file a motion in court to set aside the judgement if you were not served properly. If you moved and they did not have current address they may have made public notice also. But if you can prove they did not make correct notice you can get it set aside.

But of course they can always merely re-file and get a new judgement in another month of two.. So what you needed to do was work out a payment plan with them for what was owed.

And let me see, you would rather quit your job and make no money than pay on a debt you legally owe?

Not sure about FL but in all the states I have lived at, they can garnish your wages no matter what your income.

valinors_sorrow · Jan 28, 2007, 11:46 AM

No offense to the dear Padre but I would think you'd get a more accurate and complete response from someone who knows Florida law specifically. We sometimes have very different laws than other states. Consider looking up Legal Aid in the white pages of your phone directory or look into it here. If you can't find Legal Aid in your directory, call 2-1-1 and ask them. I think, Father Chuck, that the 50% was either a typo or rather how it feels to her bottom line after taxes and fica is subtracted since the 25% garnishment comes off the top but doesn't reduce those one bit. A pro bono attorney may be able to negotiate a much more doable payment schedule for you.

Here is what I found in the consumer's information on that site I provided concerning Florida law:
"Wages of the head of a family are exempt from garnishment unless the person's net wages are more than $500 per week and the person has agreed in writing to allow wages to be taken to pay the debt. A head of family includes all persons who reside in Florida and who provide more than one-half of the support for a child or other dependent. Wages in a bank account that belong to a head of family retain their protection from being seized for six months even if the wages are mixed with money from other sources. If a head of family had not agreed in writing to allow the garnishment or attachment of wages, all the wages are exempt. You must file an affidavit with the court to declare your head of family status and protect your wages from being taken.

Persons who do not qualify as head of family will still have the protection of federal law which limits the amount of wages that can be garnished. If you take home less than 30 times the minimum wage per week, all of your wages are exempt. Otherwise, a judgment creditor can obtain 25 percent of your net wages under a continuing writ of garnishment until the judgment is paid in full."

Good luck!

rfc163 · Jul 29, 2010, 05:44 PM

This is to the Christianity Expert? Then poor woman was right if she gets paid every two weeks and is garnished 25% per pay period then her monthly income is cut by 50%.

By the way...

It's "...all the states I've lived IN" / NOT " ...all the states I've lived at"

To the person with the garnishment I'll pray for you. I too have a garnishment and I know how you feel

Good Luck to You

rfc163 · Jul 29, 2010, 05:46 PM

[quote=rfc163;2458165]This is to the Christianity Expert? The poor woman was right if she gets paid every two weeks and is garnished 25% per pay period then her monthly income is cut by 50%.

By the way...

It's "...all the states I've lived IN" / NOT " ...all the states I've lived at"

To the person with the garnishment I'll pray for you. I too have a garnishment and I know how you feel

Good Luck to You and God Bless

Genza · Oct 7, 2010, 09:10 AM

Not being a jerk here, but just so everyone is informed. 25% is 25%. Not 50% even if they are taking 25% every 2 weeks. For example: say she makes $400 every two weeks. 25% of $400 is $100. After 2 paychecks she has made $800, and they will take another $100 out of her second $400 check as well. So $200/$800 is still 25%. But it could feel like more after ss and medicare to her. That sucks. Credit card companies are a bunch of predatory schmucks. Yah, she should've managed her debt better, but with 2 kids and a low paying job, who could resist the temptation. Hell that credit card could have been all she had to put food on the table sometimes. Wasn't the gov't bailout enough for those fools?

NonnahsS · Jan 3, 2011, 11:26 AM

Florida Statutes protect the head of household from wage garnishment. Unless the head of household makes more than $500 a week and has not consented in writing to have their wages garnished, s/he is exempt.

You also stated that this was an 'old' credit card company. Depending upon how old, you may be covered under Florida's Statute of Limitations. A Statute of Limitations provides a specific amount of time for enforcement. In Florida, credit card companies only have four years. Judgments have seven years for domestic, but it's five years for foreign judgments.

I would first contact my family attorney, followed by the Clerk of Court as well as my Payroll Department.

How to stop wage garnishment in Florida

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