Florida Wage Garnishment: Rights & How to Stop It

A wage garnishment order allows creditors to take money directly from your paycheck. Most of the time, courts must approve garnishments first. Florida has specific rules that protect your earnings. Understanding these rules helps you fight back.

What Is Wage Garnishment?

Wage garnishment happens when creditors take money from your paycheck. The deduction covers past-due debts you owe.

Respond to Your Florida Debt Lawsuit Today

You have just 20 days to answer a Florida summons. Missing this deadline means automatic garnishment. Our partner Solo helps you file the right response and protect your paycheck.

Answer Your Lawsuit

Most creditors must sue you first. They need a court judgment before starting wage garnishment.

Money comes directly from your employer. Creditors prefer this collection method because it’s automatic. State law limits how much they can take each pay period.

Who Can Garnish Your Wages in Florida?

Creditors who win court judgments can garnish your wages. Debt collectors and debt buyers have the same power.

These entities collect on various debts. Credit card balances, medical bills, personal loans, and car loans qualify.

Some creditors skip the court process entirely:

IRS and state tax authorities
Federal student loan servicers
Parents owed child support or alimony
Federal agencies like the Small Business Administration

These special debts follow different rules. Consumer debts require court orders for garnishment.

The Florida Wage Garnishment Process

Creditors must complete specific steps before taking your wages. The process protects your rights.

Required steps before garnishment:

Sue you and win a court order
Wait 10-30 days for possible appeals
Send garnishment notice to your employer
Send written notice to you
Respond if you file exemption claims

Lawsuit and Court Order

Creditors start with a lawsuit. You receive a summons and complaint.

Missing your response deadline means automatic loss. The court grants a default judgment. Your response is called an answer.

Most cases give you 20 days to file. Small claims require court appearance. Not showing up equals not answering.

You have defenses worth exploring. Your chances of winning may surprise you. Our partner Solo can help you respond properly. Fighting back protects your paycheck.

Appeal Rights

Garnishments pause after judgment. Small claims allow 10 days for appeals. Other courts give 30 days.

Florida law protects your appeal rights. Use this time wisely.

Notice of Garnishment

Creditors send garnishment notices to your employer. Your employer becomes the garnishee. They have 20 days to answer the court.

You receive your notice within five business days. The creditor must send it after the writ issues. You have 20 days to file exemption claims.

Claim of Exemption

Filing exemption claims triggers creditor response deadlines. Mail service gives them 14 business days. Personal service allows eight business days.

Creditors who miss deadlines lose garnishment rights. The garnishment may cancel automatically. Creditor objections trigger court hearings.

How Much Can Be Garnished From Your Paycheck?

Federal law sets minimum wage garnishment protections. The Consumer Credit Protection Act applies nationwide. States can strengthen protections but not weaken them.

Florida follows federal CCPA calculations. Consumer creditors face strict limits.

Creditors can only take the lesser of:

25% of your weekly disposable earnings, or
The amount exceeding 30 times federal minimum wage ($217.50 weekly currently)

Earnings below $217.50 weekly are fully protected. No garnishment is possible.

Disposable earnings equal your paycheck minus required deductions. Payroll taxes come out before calculating garnishments.

Florida Wage Garnishment Examples

Example 1: Weekly disposable earnings of $700

25% rule: $175.00 (25% of $700)
30x minimum rule: $482.50 ($700 minus $217.50)
Amount garnished: $175.00 (lesser amount)

Example 2: Weekly disposable earnings of $265

25% rule: $66.25 (25% of $265)
30x minimum rule: $47.50 ($265 minus $217.50)
Amount garnished: $47.50 (lesser amount)

The Head of Household Exemption

Florida offers stronger protection than federal law. Head of household status provides powerful exemptions.

You qualify by paying half of a dependent’s living expenses. Dependents include more than minor children. Ex-spouses receiving alimony count. Dependents don’t need to share your household.

Head of household income under $750 weekly cannot be garnished. Income exceeding $750 requires your consent for garnishment. Many people waive this protection when signing loan contracts.

You must file an affidavit claiming this exemption. Submit it within 20 days of receiving garnishment notice. The court needs your explanation.

Federal law protects additional income sources. Social Security benefits, veteran’s benefits, and workers’ compensation resist garnishment.

How To Stop Wage Garnishment in Florida

Stopping garnishment without head of household exemption is difficult. Limited options exist.

You could pay the full debt amount. Keeping income under $217.50 weekly stops garnishment. Letting it continue until debt is satisfied works too.

Bankruptcy eliminates consumer debt garnishments. Filing bankruptcy creates an automatic stay. Collection activity stops immediately. Wage garnishments halt the day you file.

Resources for Fighting Wage Garnishment in Florida

Legal services offices help lower-income individuals. Garnishment issues qualify for assistance. Florida provides many legal aid options.

Free resources include:

You don’t need to afford an attorney. Help is available now.

Frequently Asked Questions

What is the head of household exemption in Florida?

The head of household exemption protects all wages if you earn $750 or less per week in disposable income and pay at least half the living expenses of a dependent. Above $750 weekly, garnishment requires your consent. You must file an affidavit within 20 days of receiving garnishment notice to claim this exemption.

How much can creditors garnish from my paycheck in Florida?

Creditors can take the lesser of 25% of your weekly disposable earnings or the amount exceeding 30 times the federal minimum wage ($217.50 weekly). If you earn less than $217.50 weekly in disposable income, your wages cannot be garnished at all.

Can I stop a wage garnishment without filing bankruptcy?

You can stop garnishment by paying the debt in full, claiming head of household exemption if you qualify, or keeping your income below $217.50 weekly. Filing bankruptcy is the most effective way to stop garnishment immediately, but these alternatives exist for specific situations.

How long do I have to respond to a garnishment lawsuit in Florida?

You have 20 days to file an answer after receiving the summons and complaint. For small claims cases, you must appear at court on the date listed. Missing these deadlines results in a default judgment, allowing creditors to garnish your wages.

What debts can be garnished without a court judgment in Florida?

The IRS, state tax authorities, federal student loan servicers, parents collecting child support or alimony, and federal agencies can garnish wages without a court judgment. These debts follow special rules different from consumer debt garnishments.

Florida Wage Garnishment: Know Your Rights and Stop the Drain