Wage Garnishment in South Florida

When a creditor obtains a Final Judgment against you for an unpaid debt, they may attempt to collect that money 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. Our founding attorney has maintained his Palm Beach County practice since 1979. We can assist you through this difficult legal matter and help you protect your hard-earned income.

What Does the Wage Garnishment Process Involve?

A creditor who obtains a final judgment against you can file a Motion for Continuing Writ of Garnishment Against Salary or Wages.  Once the court issues the writ and it is served on your employer, withholding begins immediately. The creditor must notify you of the garnishment within five business days of the writ’s issuance or within three business days after it is served on your employer, whichever comes later.

Here is how the process typically unfolds:

1. Creditor Obtains a Judgment: A court rules in the creditor’s favor for an unpaid debt.
2. Writ of Garnishment is Issued: The creditor files for a continuing writ, which the judge issues.
3. The Writ of Garnishment is Served: This is done by the Sheriff or a private process server.
4. Employer Begins Withholding: Your employer must immediately withhold up to 25% of your disposable income (take home pay) each pay period.  However, when calculating what is disposable income, only mandatory deductions are taken into account.  That would be taxes, child support payments, alimony, or other Court-ordered garnishments.  Voluntary deductions, such as health insurance premiums, 401k contributions, savings plans, are not deducted from gross income, so the 25% that is withheld may actually be more than 25% of what you usually take home.
5. You Receive Notice: The creditor is required to send you a notice that includes a Claim of Exemption form.  
6. You Have 20 Days to Claim an Exemption: Florida law gives you 20 days from the date the notice is sent (plus five additional days if mailed) to file a Claim of Exemption and Request for Hearing.  Exemption is “legalese” for “protected.”  The earnings of a person who is the head of family–someone who provides more than 50% of the support for a child or other dependent–is exempted from garnishment.  This is similar to, but not the same as, the IRS Head of Household filing status.  One can be the head of a family but not qualify for IRS Head of Household Status. There may be a reason you can not be HoH but still be considered head of a family for garnishment purposes.  
7. A Hearing May Be Scheduled: If you file a claim and the creditor timely objects, a hearing will be held at which time you would present your testimony, tax returns or other evidence to prove up your head of family status.  You have the burden of proof, and the judge will rule whether the exemption applies.  If the creditor does not timely object the Continuing Writ will be “dissolved” and the employer will be directed to release all funds withheld to you.
8. You Do Not Have to Wait for the Notice from the Creditor to Arrive Before Making the Claim: Once a judgment has been entered against you, you can check the Clerk’s docket to see if a Motion for the Continuing Writ has been filed.  If so, you can immediately file your Claim of Exemption, sending a copy of the Claim to the creditor or its attorney.
9. Additional Notice:  Florida law requires a creditor to also give notice of the wage garnishment once the employer responds to the Continuing Writ.
10. Compliance with Florida’s Notice Requirements:  The failure to timely give notice of the issue of the Continuing Writ can be grounds to have the Writ dissolved, even if the judgment debtor is not the head of family.  Also, the failure to give timely notice of the employer’s response to the Continuing Writ is also a ground to have the Writ dissolved.

Failing to respond to either notice in a timely manner allows the garnishment to proceed, even if you qualify for protection.  It is up to you to assert your rights and exemption status.

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. As mentioned above, 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, uncle, aunt, grandparent, brother or sister, nephew or niece, or a non-relative, whether or not they live with you, your earnings might qualify for a full exemption from wage garnishment. This helps to protect your financial resources and maintain your family’s stability.  

Stopping Wage Garnishment With Bankruptcy

If you do not qualify for a state exemption, filing for bankruptcy relief can offer immediate relief from collection actions. Filing a bankruptcy petition instantly triggers an automatic stay, which is an injunction that 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, repossessed cars’ deficiency judgments, 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 the date of deposit.  Once a judgment is entered it may be wise to have earning deposited into a new bank account which contains ONLY those earnings.  That makes the money in the account easy to identify as earnings of a head of family.  If earnings are deposited into an account containing money from another source, such as a joint account with a spouse’s income, or money held in trust for a minor, it can be difficult to establish how much of the account is protected and how much is subject to garnishment.

Who We Represent in Wage Garnishment Cases

Wage garnishment can affect almost anyone facing financial hardship. We help people in situations like these:

• Unpaid Taxes: Tax agencies can garnish your wages without the usual court process, causing a sudden and unexpected drop in your take-home pay.
• Defaulted Student Loans: Falling behind on student loans can lead to a sudden wage deduction just as your budget is already stretched thin.
• Creditor Lawsuits: If a creditor wins a lawsuit over credit card, breach of contract, medical debt, etc. and gets a judgment they are permitted to can secure a Writ to garnish your wages or bank accounts.
• Lingering Bankruptcy Debts: Certain obligations, such as child or alimony support orders, can survive bankruptcy and lead to garnishment.
• Job Loss: If you fell behind on debt after losing your job, creditors may take money from your paycheck at your new position.

Why the Law Office of Jeffrey Lampert?

When your paycheck is at risk, you need an experienced legal specialist.  Jeffrey Lampert has dealt with garnishment issues  for over 40 years, representing judgment debtors AND judgment creditors.  with the knowledge and track record to protect it. 

• Over four decades of Florida legal experience, with a focused practice in wage garnishment and creditor-debtor matters.
• Deep knowledge of Florida exemption law, including the head-of-family exemption and its procedural requirements.
• Bankruptcy as a second line of defense, with the firm handling both Chapter 7 and Chapter 13 filings if state exemptions do not apply.
• Affordable representation with a free initial consultation so you know your options before committing.
• A 10.0 “Superb” Avvo rating backed by consistent client reviews praising clear communication and real results.

Choosing the right legal representation can make the difference between losing a portion of your income and keeping it intact. At the Law Office of Jeffrey Lampert, every client receives personalized attention, honest counsel, and a committed advocate who understands what is at stake for you and your family.

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.

Frequently Asked Questions About Wage Garnishment in Florida