Wage Garnishment Lawyer Tampa, FL
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Florida Head of Family Exemption
In Florida, one of the most powerful defenses against wage garnishment is the “Head of Family” exemption. Under Florida Statutes Section 222.11, if you provide more than one-half of the support for a child or other dependent, your disposable earnings are completely exempt from garnishment.
To claim this exemption, you must file a specific affidavit with the court and request a hearing. It is crucial to act quickly, as you only have 20 days from the date you receive the Notice of Garnishment to file your claim of exemption. An experienced wage garnishment lawyer can help you prepare the necessary documentation to prove your Head of Family status and stop the garnishment.
The Timeline: From Judgment to Garnishment in Florida
Understanding the timeline of a wage garnishment can help you take action before your paycheck is affected. Here is the typical process in Florida courts:
- The Lawsuit: A creditor files a lawsuit against you for an unpaid debt.
- The Judgment: If you do not respond or if the creditor wins the case, the court enters a Final Judgment against you.
- The Writ of Garnishment: The creditor files a motion for a Writ of Garnishment. The court issues the writ and sends it directly to your employer.
- Employer Response: Your employer has 20 days to respond to the writ, confirming your employment and wages. During this time, they must begin withholding the garnished amount from your paycheck.
- Notice to You: The creditor must send you a copy of the writ, the employer’s answer, and a Notice to Defendant of Right Against Garnishment of Wages.
- Your Deadline: You have exactly 20 days from receiving the notice to file a Claim of Exemption.
How to Stop a Wage Garnishment Quickly
If your wages are already being garnished or you have received a notice, there are several ways to stop the process:
- File a Claim of Exemption: As mentioned above, claiming the Head of Family exemption or other statutory exemptions can stop the garnishment entirely.
- Negotiate a Settlement: A skilled attorney can often negotiate a lump-sum settlement or a voluntary payment plan with the creditor in exchange for releasing the garnishment.
- File an Emergency Motion: If the judgment was obtained improperly (e.g., you were never served with the lawsuit), your attorney can file a motion to vacate the judgment, which immediately halts the garnishment.
- File for Bankruptcy: Filing for Chapter 7 or Chapter 13 bankruptcy triggers an “automatic stay,” a federal injunction that immediately stops all collection actions, including wage garnishment.
Frequently Asked Questions (FAQ)
How much of my paycheck can be garnished in Florida?
Under federal and Florida law, a creditor can garnish the lesser of: 25% of your disposable earnings, or the amount by which your disposable earnings exceed 30 times the federal minimum wage. However, if you qualify as Head of Family, 100% of your wages may be exempt.
Can I be fired because my wages are being garnished?
No. Federal law prohibits an employer from firing you because your wages are being garnished for a single debt. However, this protection does not apply if your wages are garnished for multiple debts.
Does bankruptcy stop wage garnishment for child support?
No. While bankruptcy stops garnishments for most unsecured debts (like credit cards and medical bills), it does not stop garnishments for domestic support obligations, including child support and alimony.
