Nobody wants to have their hard-earned wages garnished, that’s why it's such a frightening feeling to have a pending lawsuit against you that can lead to a judgment. Having a judgment entered against you is the first step for a collector to obtain a wage garnishment, or bank account levy order, which is why this should always be avoided by consulting with an experienced Civil Litigation attorney in your area. Now, even though its ideal to avoid wage garnishment altogether, there are still rules in place to how much an entity can garnish from your livable wages. Let’s explore wage garnishment in more detail so that you can have some insight into the garnishment laws here in Florida.
Wage garnishment is a legal process that allows creditors to collect on a debt by deducting a portion of the debtor's wages. It's essential to note that wage garnishment is typically a last resort for creditors, and they must first obtain a court judgment against you before starting this process.
In Florida, the maximum amount that can be garnished from your wages depends on the type of debt you owe. For most debts, such as credit card debts, medical bills, and personal loans, the maximum wage garnishment is 25% of your disposable earnings (earnings after taxes and other legally required deductions).
Florida law also provides protections for low-income families. If your disposable income is less than 30 times the federal minimum wage, your wages are generally exempt from garnishment. This provision is designed to ensure that individuals with very low incomes are not unduly burdened by wage garnishment.
If you are the head of your household and your disposable income is less than $750 per week, your wages may be completely exempt from garnishment. This exemption helps ensure that essential income for household expenses is preserved.
In some cases, multiple creditors may be seeking garnishment from your wages. In such situations, the order of priority is typically determined by the type of debt. For instance, child support and alimony garnishments are given a higher priority than other types of debts.
Keep in mind that the laws and regulations surrounding wage garnishment may change over time, so it's in your best interest to consult with an attorney experienced in Civil Litigation or Debt Relief. This will allow you to get the most up-to-date information about your specific situation as they can provide personalized guidance tailored to your needs. Understanding your rights, exploring potential exemptions, and navigating the legal process the right way is the best way to protect your financial well-being if you are in jeopardy of a garnishment. Wage garnishment in Florida is subject to specific limitations and rules to ensure that debtors are not unduly burdened by the collection process. Understanding these regulations and seeking legal counsel if you're facing a judgment is crucial to protect your financial interests.
