Wage Garnishment in South Florida

When a creditor obtains a Final Judgment  against you for an unpaid debt, they might attempt to collect that money directly from your paycheck. The law calls this procedure a wage garnishment. It allows creditors to deduct a portion of your earnings before you even receive your pay. Facing a sudden loss of income puts your ability to afford rent, utilities, and daily expenses at risk–especially if automatic debits for mortgages, car payments, insurance, etc. are scheduled. However, Florida law provides strong wage protections for debtors. You have legal rights, but you must take prompt action to assert them. At the Law Office of Jeffrey Lampert, we provide compassionate and effective legal representation. We can assist you through this difficult legal matter and help you protect your hard-earned income.

Florida’s Legal Protections Against Wage Garnishment

The state of Florida offers specific exemptions to protect people from excessive collection actions. If you qualify, you can prevent creditors from taking your money. The most common defense is the “head-of-family” exemption. It is similar but not the same as the “head of household” IRS filing status.  If you provide more than one-half of the financial support for a dependent, such as a child (adult or minor), spouse, parent, sibling, your wages might qualify for a full exemption from a wage garnishment. protect your financial resources and maintain your family’s stability.

How to Respond to a Wage Garnishment–Claim of Exemption

When a creditor serves a continuing writ of garnishment to your employer, the court requires your employer to immediately withhold 25% of your take-home pay (after taking account involuntary deductions, such as taxes, alimony, and child support) until the Court enters an Order instructing the employer what to do with the funds.  Be aware that voluntary deductions, such as 401k contributions, health insurance, and the like are not deducted from gross income when determining how much can be withheld.  The judgment creditor is required to send you a notice regarding your right to claim an exemption (protection), but you do not have to wait–as soon as you find out a wage garnishment you can make your claim of exemption.  IF you qualify for head of family status, you should file a Claim of Exemption and Request for Hearing with the court. You do not have to wait until you get the notice. Florida law gives you 20 from the date it is sent to you, plus 5 days if sent to you by the US Postal Service, to file the Claim. If you file the Claim on time and the creditor objects, the court will schedule a hearing. During this hearing, a judge will review your financial situation and determine the validity of your claimed exemptions. Failing to timely respond allows the garnishment to proceed.

Stopping Wage Garnishment With Bankruptcy

If you do not qualify for a state exemption, filing for bankruptcy can offer immediate relief from collection actions. Filing a bankruptcy petition instantly triggers an automatic stay, which is an injunction which immediately stops all debt collection efforts. Bankruptcy offers two primary paths for people seeking financial relief:

• Chapter 7 bankruptcy allows you to discharge most unsecured debts completely and start fresh.
• Chapter 13 bankruptcy reorganizes your debt into a manageable repayment plan over three to five years.

The automatic stay prevents your employer from continuing to withhold money from your paycheck while you address your underlying financial struggles. Bankruptcy can eliminate dischargeable debts like medical bills, personal loans, and credit card balances. 

Wages of a Head of Family in a Bank Account

The wages of a head-of-family keep their protected status in a bank account for 6 months from date of deposit. 

Schedule an Appointment Today

Dealing with court orders and aggressive creditors creates a cycle of anxiety that can feel impossible to break. You do not have to face this challenge alone. Contacting a lawyer as soon as you learn about a wage or bank garnishment gives you the best chance of protecting your income. Having a dedicated attorney on your side provides a clear strategy for asserting your rights. We understand the complex procedures involved in claiming exemptions and filing for bankruptcy. If you are struggling with a wage garnishment, reach out to the Law Office of Jeffrey Lampert. Schedule an informative consultation now, and let us help you find a practical solution to restore your financial peace of mind.