Stop Wage Garnishment in Florida: Your Rights and Options
Florida limits wage garnishment to 25% of disposable earnings, but heads of household can protect up to $750 weekly. You can stop garnishment by responding to debt lawsuits, claiming exemptions, or settling your debt before judgment. Taking action early gives you the most options to protect your income and resolve debt on your terms.
Answer Your LawsuitFalling behind on bills happens to many people. A few missed payments can quickly escalate into serious consequences.
Creditors will pursue you relentlessly until they collect what you owe. What begins as collection calls can turn into a debt lawsuit.
Stop Florida Wage Garnishment Before It Starts
Facing a debt lawsuit in Florida? Respond with a proper Answer and settle your debt before judgment. Protect your paycheck from garnishment by taking action now.
Respond to LawsuitIf the creditor wins that lawsuit, they can garnish your wages. Wage garnishment takes a chunk of your paycheck each pay period. You may struggle to afford rent, groceries, and other essentials.
Understanding Florida’s wage garnishment laws helps you protect your income. You have options to prevent and stop wage garnishment before it devastates your finances.
How Wage Garnishment Works in Florida
Federal law sets baseline wage garnishment rules. States can add additional protections for their residents.
Florida follows federal guidelines but offers extra help for heads of household. Under Florida Statute 222.11, creditors can garnish the lesser of:
- 25% of your disposable earnings
- The amount your disposable earnings exceed 30 times the federal minimum wage ($7.25/hour)
Disposable earnings means your income after mandatory withholdings like federal taxes. Your gross pay isn’t what creditors can touch.
Here’s how the math works in practice. If you earn $1,000 weekly, 25% equals $250. The alternative calculation is $1,000 minus (30 × $7.25), which equals $782.50. Creditors can garnish the lesser amount: $250 weekly.
Florida provides special protection for heads of household. If you support a dependent and provide more than half their financial support, you can protect up to $750 weekly. You must actively claim this exemption, though.
Income Protected From Garnishment in Florida
Certain income types are completely off-limits to creditors. Florida law protects these income sources from wage garnishment:
- Head of family wages (up to $750 weekly)
- Social Security benefits
- Supplemental Security Income (SSI)
- Public assistance and welfare
- Workers’ compensation
- Unemployment benefits
- Veterans’ benefits
- Retirement and pension income
- Life insurance benefits and annuity proceeds
If a creditor attempts to garnish protected income, you need to act. File a claim of exemption form with the court immediately.
The head of household exemption offers powerful protection. A single parent earning $750 weekly can shield their entire paycheck from garnishment. Even if the creditor wins the lawsuit, they can’t collect through wage garnishment.
Most states don’t offer this level of protection. Florida residents with dependents should explore this exemption before accepting wage garnishment.
Stop Garnishment Before It Starts
Creditors can’t garnish your wages without a court judgment. They must sue you and win first.
Your most important defense is responding to the lawsuit. When you receive a debt lawsuit summons, don’t ignore it. You have a limited time to respond.
You must file a formal Answer to the lawsuit. An Answer document explains why you don’t owe the debt or why the lawsuit lacks merit. Without an Answer, the court grants a default judgment against you.
A default judgment gives creditors the green light for wage garnishment. Our partner Solo helps you draft and file your Answer properly.
After filing your Answer, resolve the debt before your court date. You have two main options: pay in full or settle for less.
Settle Your Debt to Avoid Garnishment
Paying the full balance stops the lawsuit immediately. The creditor has no reason to continue legal action. You eliminate the debt and the threat of wage garnishment.
Full payment isn’t realistic for everyone. Most people facing lawsuits don’t have thousands in savings available. Debt settlement offers a better path forward.
In a settlement, you offer a lump-sum payment for less than you owe. The creditor agrees to accept this amount and drop the lawsuit. Both sides benefit from this arrangement.
Creditors receive most of their money without the hassle of court and garnishment. You save money and avoid a public judgment on your record.
Settlement typically requires paying 40-60% of the original debt. Our partner Solo helps you negotiate effectively and document the agreement properly.
Filing a Claim of Exemption
If garnishment has already started, you can still fight back. Florida law requires creditors to notify you before garnishing wages.
You have the right to claim exemptions. File your claim within 20 days of receiving the garnishment notice. The court will schedule a hearing to review your exemption claim.
Bring documentation to prove your eligibility. Head of household claimants need proof they support dependents. Bring tax returns, custody documents, and financial records showing you provide more than 50% of support.
For other exemptions, bring benefit statements and income documentation. Social Security recipients should bring their award letters. Veterans need their VA benefit statements.
The judge reviews your evidence and determines if the exemption applies. If approved, the garnishment stops immediately. Your employer returns withheld funds from your paycheck.
Head of Household Exemption Requirements
Florida’s head of household exemption provides substantial protection. You qualify if you meet specific criteria.
First, you must provide more than half the financial support for a dependent. Dependents include children under 18, disabled adult children, or other qualifying relatives.
Second, the dependent must live with you or rely on you for support. Occasional child support payments don’t qualify you for this exemption.
Third, your earnings can’t exceed $750 weekly for full protection. Higher earners still benefit, but creditors can garnish amounts above $750.
You must actively claim this exemption. Courts don’t automatically apply it. File the proper paperwork as soon as you receive garnishment notice.
Negotiating With Creditors
You don’t need to wait for a lawsuit to negotiate. Contact creditors as soon as you fall behind on payments.
Explain your financial situation honestly. Many creditors prefer working out a payment plan over filing lawsuits. Litigation costs them money too.
Propose a realistic payment amount based on your budget. Creditors often accept reduced monthly payments temporarily. You might also negotiate a settlement for less than you owe.
Get all agreements in writing before sending any money. Verbal promises don’t protect you. Written agreements create enforceable contracts that stop further collection activity.
Our partner Solo handles negotiations on your behalf. Their platform helps you send and receive settlement offers securely until you reach an agreement.
What Happens During Wage Garnishment
Once garnishment begins, your employer receives a court order. They must withhold the specified amount from each paycheck. Your employer sends this money directly to the creditor.
Garnishment continues until the debt is paid in full. Depending on the amount owed and garnishment percentage, this could take months or years.
You’ll see the deduction on your pay stub. The garnishment comes out before you receive your paycheck. You can’t stop your employer from complying with the court order.
Some employers view garnishment negatively. While firing you for garnishment is illegal, the situation can create workplace stress and embarrassment.
Multiple creditors can garnish your wages simultaneously. However, the total garnishment can’t exceed the 25% limit under federal law.
Take Action on Your Debt Today
Debt doesn’t disappear by itself. Ignoring creditors only makes the situation worse. They will escalate their collection efforts, including lawsuits and wage garnishment.
You have more options than you might realize. Respond to lawsuits promptly. Explore settlement before reaching the courtroom. Claim all exemptions you’re entitled to under Florida law.
Head of household protection offers significant relief for Florida parents and caregivers. Even if you’ve already lost a lawsuit, file your exemption claim to protect your paycheck.
Take control of your debt situation now. The sooner you act, the more options you’ll have available. Wage garnishment can devastate your finances, but you can prevent it with the right strategy.