I live in FL.

I was contacted by a debt collector who has a judgement against me (news to me) - they are going to garnish my wages. This is from unsecured credit card debt.

I know that section 222.11 of Florida statutes indicates that any person who qualifies as a "head of household" is exempt from wage garnishment as long as they earn less than $500/week, which is my situation - but you must provide more than 50% of the support for a dependent child(ren) to qualify.

My issue is this - I am currently 8 months pregnant with my first child. I am not married to the father and will not be pursuing child support. The guy does not have a job, anyway, so it would be pretty pointless to try to squeeze money from him when I know he simply does not have any.

So, what do I need to do to get a head of household exemption once the baby is born? And will this stop the wage garnishment if it is already taking place? I told the debt collector that I would qualify for head of household exemption under Florida law and he didn't seem to know what I was talking about and acted as if there was no such thing.

Hello blind:

There isn't anybody who you go to that "grants" such an exemption. Copy the law, and submit it to your employer. It's up to HIM whether he actually takes money from you. If you can convince HIM that you're exempt, then screw what the collector thinks.

excon

Hello blind:

There isn't anybody who you go to that "grants" such an exemption. Copy the law, and submit it to your employer. It's up to HIM whether he actually takes money from you. If you can convince HIM that you're exempt, then screw what the collector thinks.

excon

From what I've read, if the employer simply ignores the garnishment they become liable for the debt...

Hello blind:

Not true. Once served with a garnishment order from a court, he's legally obligated to fulfil it, UNLESS he can show the court WHY he didn't. In your case, he can show the court your evidence.

Of course, if you work for chicken hearted dude who won't adhere to the law as you've shown him it is, then you need to get tough with your boss. What?? You think everything is nicy nice?? It ain't.

excon

From what I've read, if the employer simply ignores the garnishment they become liable for the debt....


He doesn't ignore it - he responds that you qualify for head of household and backs that up with the Section of law you've provided to him and any supporting financial info.

The creditor will then have to find some other way to collect - bank account, lien, whatever, depending on the amount of money. And the Judgment is good for years so they'll continue to pursue you on and off - of course, if you're totally protected there is little they can do.

He doesn't ignore it - he responds that you qualify for head of household and backs that up with the Section of law you've provided to him and any supporting financial info.

The creditor will then have to find some other way to collect - bank account, lien, whatever, depending on the amount of money. And the Judgment is good for years so they'll continue to pursue you on and off - of course, if you're totally protected there is little they can do.

So I will have to accept the wage garnishment until the baby is born. Is there anything I can do to stop the process once the baby is born?

I don't think I'll have any supporting financial info until I can claim my son on next year's tax return...

There does not appear to be a form or set procedure:

"When the creditor serves a writ of garnishment on the employer the debtor/employee gets a notification on which he can assert an exemption. If the debtor believes he is head of household he states the exemption on the form and sends copies to the court and the creditor. The debtor is entitled to an expedited hearing to dissolve the garnishment at which he has to prove to the judge that he qualifies as head of household.

If a debtor is certain that he is head of a household and anticipates a judgment against him, the debtor or his attorney could write a letter to creditor asserting wage garnishment exemption and providing proof of head of household status. The advance letter could in some cases convince the creditor not to pursue wage garnishment. "

I guess I just have to accept the garnishment, because I lack the evidence to back up my head of household claim - the baby will be born in July and I think they will take action to garnish my wages ASAP because they know that I am about to give birth.

But what do I do once the baby is born? How do I address the garnishment after it is already in place?

Hello again, blind:

I don't know what evidence you're talking about. What you tell the IRS isn't evidence. Who are you going to present your evidence to, anyway?? Your boss knows more about your financial situation than most. All you have to do is declare to HIM, just like you're going to declare to the IRS that you DO fit the criteria for the exemption listed in such and such law.

I think you're correct, in that I wouldn't think you qualify for the exemption now, because you don't yet have a "household". BUT, as soon as your baby is born you will.

At that time, send your employer a certified letter, declaring yourself to be exempt. Cite the law. TELL him NOT to withhold any more money. I would also send a copy of the letter to the court and to the collector SOB.

excon

I guess I just have to accept the garnishment, because I lack the evidence to back up my head of household claim - the baby will be born in July and I think they will take action to garnish my wages ASAP because they know that I am about to give birth.

But what do I do once the baby is born? How do I address the garnishment after it is already in place?


Did you read what I posted? It explains just how you accomplish this, including asking for Head of Household BEFORE you actually are head of household.