If you’ve been notified that your wages are being garnished in Florida, it’s important to understand your rights and look into ways to stop or reduce the garnishment.
Wage garnishment can put a serious strain on your finances, especially if you’re already dealing with other debts or financial challenges. Knowing your options can help you better manage the situation and get this stress off your shoulders.
What is Wage Garnishment?
Wage garnishment is a legal procedure in which a portion of your paycheck is withheld by your employer to pay off a debt you owe. Reasons for wage garnishment include:
· Unpaid credit card bills
· Medical bills
· Tax debts
· Child support
· Student loans
Florida Wage Garnishment Laws
In Florida, the laws surrounding wage garnishment are stricter than in many other states, and there are legal protections in place for debtors. Under Florida Statute 222.11, certain portions of your wages are exempt from garnishment. For example:
· Head of Household Exemption: If you are the head of a household and earn less than $750 a week, your wages may be fully exempt from garnishment.
· Federal Limits: Even if you don’t qualify for Florida’s exemption, federal law limits wage garnishment to no more than 25% of your disposable income.
How Can I Stop Wage Garnishment in Florida?
If your wages are being garnished, here are several options that may help you stop or reduce the garnishment:
1. File a Claim of Exemption: If you qualify as the head of a household or fall under any other exemption category, you can file a Claim of Exemption and Request for Hearing with the court.
2. Negotiate with the Creditor: In many cases, creditors may be willing to negotiate a payment plan that doesn’t involve garnishment. Reaching out to the creditor or debt collector to discuss your financial situation can sometimes lead to a voluntary agreement to stop the garnishment in exchange for regular payments.
3. File for Bankruptcy in Florida: Filing for Chapter 7 or Chapter 13 bankruptcy in Florida will trigger an automatic stay, which halts all collection activities, including wage garnishment, while the bankruptcy is in process. Depending on the type of bankruptcy you file, some or all of your debts may be discharged, preventing further garnishment and eliminating your debt.
4. Challenge the Garnishment: In some cases, you may be able to challenge the garnishment if it’s improperly executed or if the debt is not valid. For instance, if you were never properly notified of the lawsuit leading to the garnishment, you may have grounds to contest it in Florida courts.
5. Consult a professional: When your hard earned money is on the line, you don’t want to take any chances. Talk to an experienced attorney so they can help you understand your situation, advise you on the best options, and handle the legal proceedings for you.
Wage Garnishment for Different Types of Debts
· Child Support and Alimony: Federal law mandates that up to 50% of your disposable income can be garnished if you’re supporting another child or spouse, and up to 60% if you’re not. If you’re behind by more than 12 weeks, an additional 5% may be garnished.
· Federal Student Loans: Up to 15% of disposable income can be garnished for unpaid student loans.
· Unpaid Taxes: The IRS has more power than other creditors and can garnish a greater portion of your wages based on your filing status and number of dependents.
What Happens if You Ignore Wage Garnishment Notices? The consequences of ignoring wage garnishment orders are not worth ignoring the notices. Some people may feel overwhelmed and not respond to creditor or court notices, but it’s important to emphasize that wage garnishment won’t go away on its own. Ignoring the situation can lead to:
· Increased Garnishment Amounts: If the debtor doesn't contest the garnishment, the creditor may proceed with the maximum garnishment allowed by law.
· Additional Legal Action: If garnishment doesn’t satisfy the debt, creditors may pursue other avenues, such as bank levies or liens on property.
FAQs on Stopping Wage Garnishment in Florida
1. How can I stop wage garnishment in Florida?
You can stop wage garnishment by filing a Claim of Exemption, negotiating with the creditor, or filing for bankruptcy. Each method has different steps and timelines, so choose the option that fits your situation best.
2. Do wage garnishment exemptions apply in Florida?
Yes, Florida offers exemptions like the head of household exemption. If you provide more than 50% of the support for a dependent and earn less than $750 per week, your wages could be fully exempt.
3. Can filing for bankruptcy stop wage garnishment?
Yes, filing for Chapter 7 or Chapter 13 bankruptcy triggers an automatic stay that stops wage garnishment. Some or all of your debts may be discharged, depending on the type of bankruptcy.
4. How long does it take to stop wage garnishment?
The time varies. Filing a Claim of Exemption may take a few weeks due to court hearings. Bankruptcy can stop wage garnishment almost immediately because of the automatic stay.
5. Is wage garnishment for student loans treated differently?
Yes, federal student loan garnishment follows federal rules. Up to 15% of your disposable income can be garnished without a court judgment. You can stop it by setting up a repayment plan or consolidating your loans.
6. Can child support wage garnishment be stopped?
It's harder to stop child support garnishment since it's court-ordered. If you're facing financial hardship, you may petition the court to reduce the amount by proving a significant change in your circumstances.
