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 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 allowing them 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. There are many types of debt that are eligible for a wage garnishment with the most common being: unpaid child support, judgments from private lawsuits, taxes, and medical bills.
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Under Florida law, if you qualify as a head of the household you may be legally entitled to stop the wage garnishment. The head of the household is someone who pays at least 50% of the living expenses for a dependent. If you are the head of a household and your net income (after deductions) is less than $750 per week, your wages may not be legally garnished. On the other hand, if you are the head of a household and your net income after deductions exceeds $750, the income exceeding $750 may be garnished if you have signed a waiver permitting the creditor to seize the funds.
As soon as a bankruptcy petition is filed with the court, an automatic stay will be implemented. The automatic stay prevents a creditor from taking any form of collection action against you, including garnishing your wages. The automatic stay will even stop a Florida wage garnishment that began prior to your bankruptcy filing. Furthermore, the bankruptcy may discharge the judgment lien that is responsible for the garnishment, thereby releasing you from all personal liability on the debt. However, not all types of debt will be discharged in a bankruptcy or affected by the automatic stay. To see if bankruptcy can help stop your wage garnishment, contact us to speak with a bankruptcy attorney in the Tampa Bay area today.
Florida Law Advisers, P.A. is an experienced law firm that takes an aggressive approach to ending wage garnishments in Florida. We understand how devastating wage garnishments can be to a family, and we vigorously fight to defend our clients rights. If you are threatened with a wage garnishment or your wages are already being garnished, call us to schedule a free consultation with a skilled Florida wage garnishment attorney today.
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