When you owe a debt, it is possible for those to whom you are indebted to seek a court order that requires your employer to take funds from your paycheck and send it directly to them. This is called “wage garnishment.” In order to receive this order, the creditor must sue you and have the court confirm that money is owed. Different rules exist for different types of debt, and there are instances in which institutions are not required to obtain a judgment, such as when unpaid income taxes, child support, alimony, and federal student loans are involved.
In Florida, up to 25% of your net income can be taken to pay off outstanding debt. The exact amount they can garnish completely depends on how much you make. There are instances in which it is impossible for your wages to be garnished simply because you do not make enough for garnishment to be legal. Wage garnishment can have a severe impact on your personal finances during tough times.
Florida is one of the few states in the United States that adheres to federal wage garnishment laws. This means in Florida a creditor can garnish 25% of your disposable income, or the amount by which your disposable income exceeds 30 times the federal minimum wage. Whichever amount is less is the amount that is garnished, or withheld. If your disposable income amounts to less than 30 times the federal minimum wage, your wages are not eligible to be garnished. Talk to a reputable wage garnishment attorney to learn more about the law in Florida.
In Florida, you may also qualify for a wage garnishment exemption called the Florida Head of Family Exemption. This law is unique to Florida and it allows for exemptions under specific circumstances. If you are the head of the household and your wages are $750 per week or less, you cannot have your wages garnished under this exemption. If your wages exceed $750 per week, they can only be garnished by a judgment creditor with your written consent. To qualify for this exemption, you must file an affidavit with the Court when you are notified about the creditor’s intent to garnish your wages.
There are protections in place for debtors facing wage garnishment to keep their jobs. Wage garnishment orders can be a logistical hassle for many employers; however, federal law prohibits your employer from discharging you with only one garnishment order against you.
In these murky situations, you have the right to a Fort Lauderdale wage garnishment attorney. Many people who come to The Law Offices of Jibrael S. Hindi did not even find out legal action was being taken against them to garnish their wages until their paychecks came in with reduced income. Protect yourself and your wages by speaking with our legal team. Our knowledgeable staff specializes in wage garnishment and debt collection. If you were not formally notified of the wage garnishment lawsuit against you, call 1-844-JIBRAEL immediately. We can help put a stop on further garnishment of your wages.
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