Our Wage Garnishment Lawyers in Florida Can Help You.
When you’re living paycheck to paycheck, any kind of cut can spell disaster for you and your family, so if you are contacted by a creditor threatening to garnish your wages or they already are, you need help from an experienced wage garnishment lawyer. At Stiberman Law, we can stop creditors from taking your hard-earned income and will help you take the right steps to achieve financial freedom. FREE CONSULTATION
Wage garnishment occurs when your employer withholds a portion of your wages to pay debts owed to creditors. In order for this to occur, your creditor, such as a credit card company or a collection agency, must sue you for the outstanding debt. If they receive a judgement against you, the creditor can then ask the court to issue a wage garnishment order.
There are some debts that don’t require a court order for garnishment to occur. This includes:
Having an attorney on your side to advocate on your behalf, negotiate with creditors, and help you navigate paperwork and legal documents related can lead to a more positive outcome.
If you receive notice that you are being sued or your paycheck will be garnished to pay an unsecured debt, like medical bills or an outstanding utility bill, speak with a wage garnishment lawyer in Florida to request a hearing. Often, your attorney will fight to prevent the garnishment order from being issued.
In some cases, they can negotiate a settlement, lower monthly payments, or other solutions to help you keep your income intact.
In some instances certain funds, wages, and property, even if deposited into a bank account, may be protected or exempt from garnishment. Florida Statues, 77.041, outlines the steps a judgment creditor must take to garnish your wages in Florida as well as available options to prevent the garnishment of your wages.
If you have had a judgement placed against you, time is of the essence to get an attorney on your side and help you stop the garnishment from taking effect. In Florida, you only have 20 days after an order is placed before your pay is garnished. During this time, your wage garnishment lawyer can help you look at potential exemptions and look for procedural mistakes in your case.
If your paycheck is already taking a hit or you don’t meet exemptions, filing for either Chapter 7 bankruptcy or Chapter 13 bankruptcy will immediately stop all wage garnishment actions as well as any communications from creditors.
Since 1998, we have been dedicated to helping our clients get out from under crushing debt and move forward with security and confidence. Our wage garnishment lawyers will offer you personalized guidance based on your unique situation, and we will put an end to creditors’ attempts to take your income.
We understand that you may feel you can’t afford a lawyer to represent you. However, we offer free initial consultations as well as affordable payment plans. We are dedicated to advocating on your behalf against predatory creditors and providing you with personalized, experience-based legal counsel.
Our experienced debt collection relief attorneys can put an end to actions by your creditors to get at your hard-earned money.
At Stiberman Law Firm, our work focuses on bankruptcy and debt solutions, so we know exactly what legal protection you can be granted under Chapter 7 bankruptcy or Chapter 13 bankruptcy.
With over 20 years of experience with bankruptcy law, we have filed thousands of bankruptcies and helped many people get a fresh start, regardless of their financial situation and the size of their debts.
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At Stiberman Law, our bankruptcy attorneys provide seasoned legal counseling on matters related to bankruptcy, including wage garnishment.
No. The Consumer Credit Protection Act (CCPA), 15 U.S. Code section 1673, limits the amount of income that can be garnished in a week. According to Florida law, Florida Statutes 222.11, creditors can garnish:
Yes, if you have dependents, you may be able to file a Claim of Exemption using the head of household exemption. If you can claim this or show that you pay a minimum of half of a dependent’s living expenses, your income can’t be garnished if you earn less than $750 a week.
Filing for bankruptcy will stop wage garnishment if it’s already gone into effect. This is often the best option for most people as it wipes the slate clean of most debt after a determined period of time.
No. If you quit your job, the creditor will file to have your wages garnished at your new position, so unless you find a better job, it’s best to stay where you are.
In principle, no. The wage garnishment provisions of the Consumer Credit Protection Act (CCPA) protect employees from being terminated by their employers because their wages have been garnished for a single debt, regardless of the number of garnishments made or proceedings initiated to collect it. However, this protection for employees is diminished when their income has been subject to garnishment for a second or subsequent debt.
If you’re being threatened with having your wages garnished or your paycheck is already taking a hit from creditors, we can help. We represent clients across South Florida, including in Miami, Hollywood, Fort Lauderdale, West Palm Beach, and Boca Raton, advocating on their behalf and helping them get out from under debt, and we can help you too. Schedule a free consultation with a wage garnishment lawyer today by calling (954) 932-7804 or filling out the form below to get started.
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