By Robert A. Stiberman, Esq., Member of The Florida Bar since 1998, representing Florida bankruptcy clients since 2009. Last reviewed: June 2026.
In Florida, a regular creditor generally cannot touch your paycheck until it has sued you, won a money judgment, and obtained a writ of garnishment from the court. Even then, federal law limits the amount to the lesser of 25% of your disposable earnings or the amount over 30 times the federal minimum wage, and Florida’s head-of-family exemption can protect 100% of your wages if you support a dependent. A few debts, child support, taxes, and federal student loans, can garnish without first going to court. This guide explains how the process works, how much can be taken, the exemptions that protect you, and how to stop a garnishment.
What Is Wage Garnishment?
Wage garnishment is a legal process that lets a creditor collect a debt directly from your paycheck. In Florida this almost always happens through a writ of garnishment that the creditor must get from the court, which then directs your employer to withhold part of your wages. Debts that commonly lead to garnishment include:
- Credit card and personal loan debt
- Medical bills
- Court judgments
- Unpaid taxes
- Child support or alimony
- Federal student loans
How Wage Garnishment Works in Florida
Florida’s garnishment rules are in Chapter 77 of the Florida Statutes. For an ordinary debt, the sequence is:
- The creditor sues you and obtains a money judgment.
- The creditor asks the court for a writ of garnishment.
- The writ is served on your employer, who must withhold wages and send them to the creditor under a continuing writ (Fla. Stat. § 77.0305) until the debt is satisfied.
Florida law also requires the creditor to notify you and give you a chance to claim exemptions (Fla. Stat. § 77.041), generally within 20 days. If money is already coming out of your check and you never received that notice, see our guide on wages garnished without notification.
How Much of Your Paycheck Can Be Garnished?
For a regular creditor, federal law (the Consumer Credit Protection Act, 15 U.S.C. § 1673) caps garnishment at the lesser of:
- 25% of your disposable earnings, or
- the amount by which your weekly disposable earnings exceed 30 times the federal minimum wage ($7.25 × 30 = $217.50).
“Disposable earnings” means what’s left after legally required deductions like taxes and Social Security. So if your disposable earnings are $500 a week, a creditor could take at most $125. Important: these are federal ceilings. As explained below, Florida’s head-of-family exemption often protects far more, frequently all of your wages.
Florida’s Head-of-Family Exemption (Your Strongest Protection)
This is the protection that sets Florida apart, and the one most people don’t realize they have. Under Fla. Stat. § 222.11, if you are “head of family” (you provide more than half the support of a child or other dependent):
- If your disposable earnings are $750 a week or less, they are 100% exempt from garnishment by a judgment creditor.
- If you earn more than $750 a week, all of your disposable wages are still fully exempt unless you signed a specific written waiver that meets the statute’s strict requirements (a separate document, in at least 14-point type, in the exact language the law prescribes). The $750 figure only decides whether a waiver is required, it is not a cap on what can be taken. Without a valid waiver, a head of family’s wages generally cannot be garnished at all.
The exemption is not automatic, you have to claim it by filing a sworn claim of exemption with the court. We review whether you qualify and make sure the claim is filed correctly and on time.
Other Income That’s Protected
Florida and federal law also shield several other income sources from garnishment, including:
- Social Security and disability benefits
- Retirement accounts (401(k), IRA, pension)
- Veterans’ benefits
- Life insurance proceeds and annuities
These often remain protected even after a creditor obtains a writ.
How Long After a Judgment Can Wages Be Garnished?
Once a creditor has a judgment, it can ask the court to issue a writ of garnishment, which typically takes effect within a few weeks of being served on your employer. There’s no short deadline working in your favor here: a Florida judgment is enforceable for 20 years (Fla. Stat. § 55.081) and accrues interest the whole time, so a creditor can move to garnish long after the case ended. That’s why it rarely pays to ignore a judgment, and why claiming your exemptions (or filing bankruptcy) matters.
How to Stop a Wage Garnishment in Florida
Depending on your situation, you may be able to:
- Claim an exemption. The head-of-family exemption is the most powerful, but you must file the claim of exemption, often within a short window, so act quickly.
- Challenge the judgment if you were never properly served or the debt was paid or discharged.
- Negotiate a settlement or payment plan with the creditor.
- File bankruptcy. The moment a bankruptcy case is filed, the automatic stay under 11 U.S.C. § 362 legally halts most wage garnishments immediately, often before the next paycheck. Chapter 7 can then discharge the underlying debt so the garnishment never resumes, and Chapter 13 folds it into a single, manageable plan payment. (The stay does not stop garnishment for domestic support like child support.)
For a deeper look at stopping garnishment fast, see our wage garnishment defense page.
Were You Garnished Without Warning?
If wages are being withheld and you were never served or notified, that’s a distinct problem with its own remedies, you may be able to set aside the judgment or recover improperly taken wages. We cover it in detail here: garnished wages without notification.
Frequently Asked Questions
How much of my wages can be garnished in Florida? For a regular creditor, the lesser of 25% of disposable income or the amount over $217.50 per week, and often nothing at all if the head-of-family exemption applies.
How do I stop a wage garnishment in Florida? File a claim of exemption (especially head-of-family), challenge an improper judgment, negotiate with the creditor, or file bankruptcy, which triggers an automatic stay that halts most garnishments immediately.
How long after a judgment can wages be garnished? A creditor can seek a writ once it has a judgment, and the writ usually takes effect a few weeks after being served on your employer. A Florida judgment lasts 20 years, so there’s no waiting it out.
Can a creditor garnish my wages without going to court? Usually no, an ordinary creditor must sue and obtain a writ. Exceptions include child support, the IRS, and federal student loans, which can garnish without a court judgment but must still give you notice.
Does Florida protect more of my wages than federal law? Yes. Federal law sets the 25% ceiling, but Florida’s head-of-family exemption can protect 100% of a supporting parent’s or caregiver’s wages.
Talk to a Florida Wage Garnishment Attorney
If your wages are being garnished, or you’ve just been served, talk to us before the deadline to claim exemptions runs out. We’ll check whether the head-of-family exemption applies, whether the judgment can be challenged, and whether bankruptcy is the fastest way to protect your paycheck. Call 954-922-2283 or request a free, confidential consultation. Firmwide, we’ve filed more than 2,500 Florida bankruptcies since 2009.
This article is general information, not legal advice. Outcomes depend on the specific facts of your case.