How to Stop Wage Garnishments in Florida
Having your wages garnished is incredibly frustrating. You work very hard to earn a living, and you likely need every dollar in your paycheck. A wage garnishment means your employer is required to withhold a portion of your wages and direct that portion to a creditor, the government, or another entity you owe debt to. If you are in this position, a wage garnishment will only make life more stressful and cause more financial hardship. However, there are options that can help you reduce or stop a wage garnishment. Our wage garnishment attorney explains what these are below.
Common Reasons for Wage Garnishments
There are many common reasons for wage garnishments. These are as follows:
- Alimony and child support: One of the most common reasons for wage garnishments is a failure to pay court-ordered payments such as alimony and child support. The Florida Department of Revenue does not have to go to court to obtain a wage garnishment order in these instances.
- Unpaid taxes: Both the Florida Department of Revenue and the Internal Revenue Service can garnish wages for unpaid taxes, and neither agency needs a court order to do so.
- Defaulted federal student loans: The U.S. Department of Education can garnish up to 15 percent of a borrower’s disposable income if a current or former student defaults on federal student loans.
- Consumer debts: Medical bills, credit card debt, and personal loans are other common reasons for wage garnishments.
How Much are Wage Garnishments?
Under federal law, there are limits to wage garnishments. These are 25 percent of your disposable earnings, or what is left on your paycheck after legally required deductions, or the amount by which your weekly disposable earnings exceed 30 times the federal minimum wage, whichever is less. It is important to note that certain debts such as child support or unpaid taxes, operate under different rules.
How to Reduce or Stop a Wage Garnishment
Having your wages garnished may seem hopeless but there are options. The most common of these include:
- Negotiate with creditors: Creditors may be willing to agree to a settlement or payment plan and halt wage garnishment, especially if you have a reputable attorney in the field.
- File a claim of exemption: If the wage garnishment causes financial hardship, you may be able to file a claim of exemption with the court to reduce or stop the garnishment.
- Challenge the garnishment: If the garnishment was improperly executed, such as you did not receive proper notice or the amount is inaccurate, you can challenge it in court.
- Bankruptcy: The automatic stay in bankruptcy will automatically stop all debt collection efforts, including wage garnishment.
Our Wage Garnishment Attorney in Florida Can Help
At Florida Law Advisers, P.A., our Florida wage garnishment attorney understands the uncertainty and stress that garnishment can cause. If your paycheck has been garnished, we can review your notice, explain your rights, and take the necessary steps, such as negotiating with your creditors or assisting with filing exemptions. Call us now at 1 (800) 990-7763 or chat with us online to schedule a consultation and to learn more about how we can help.
Source:
flsenate.gov/Laws/Statutes/2012/222.11
