Florida Wage Garnishments occur when a creditor takes legal action to seize a portion of your wages, bank account, or other assets. In Florida wage garnishment cases, the creditor will contact your employer and have your employer deduct a specified amount of money from your check each week, which now gets forwarded to the creditor. Wage garnishment is not permitted in all 50 states. However, in the state of Florida, it is a legal method of debt collection. Fortunately, you have many legal options to prevent or stop wage garnishments from occurring.
If you are threatened with a wage garnishment or your wages are already being garnished, contact Florida Law Advisers, P.A., for help. Our team of attorneys will aggressively defend your rights to end the wage garnishment. Before a creditor can obtain a garnishment, the creditor must receive a court order to collect the debt. The court order will allow the garnishment to continue until the amount owed is paid in full or until you take legal action to stop the garnishment. Many types of debt are eligible for wage garnishment, with the most common being: unpaid child support, judgments from private lawsuits, taxes, and medical bills.
Frequently Asked Questions
File a claim for exemptions and request for a court hearing. The Claim must be filed with the court and sent to the bank’s attorney as well. Usually, 4-10 weeks later there will be a court hearing to determine if the claim of exemptions will be granted. The garnishment will continue while you wait for the court hearing.
A Chapter 7 or Chapter 13 case will put an immediate stop to a wage or bank account garnishment. In some cases, a head of household exemption may also stop a garnishment. However, the exemption will typically require a few weeks to take effect and the creditor will still be able to pursue other forms of collection, including future garnishments.
Chapter 7 or Chapter 13 bankruptcy will put an immediate stop to a wage or bank account garnishment. You will not have to wait for a court hearing, the garnishment will be stopped instantly when the bankruptcy is filed.
Florida law only requires the lender to mail notice, it does not require they prove you received it. Therefore, most borrowers will not receive any notice until they see the money missing from their pay check.