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  • Louisa P.starstarstarstarstar5.0
    Robert and the team at Stiberman Law are truly exceptional. I was faced with the daunting task of navigating bankruptcy, and from the moment I contacted them, I knew I was in good hands Read More
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    Excellent Lawyer, friendly and on top of things and reliable and efficient. I had to go through bankruptcy twice and I trusted them every time. I had the best experience with Robert and Read More
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    I am very satisfied with the service that they offered us. They were very professional and kept us informed at all times. I was looking for a bankruptcy attorney nearby and fount Robert Read More
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  • Louisa P.starstarstarstarstar5.0
    Robert and the team at Stiberman Law are truly exceptional. I was faced with the daunting task of navigating bankruptcy, and from the moment I contacted them, I knew I was in good hands Read More
    May 21, 2024logo
  • Arlene S.starstarstarstarstar5.0
    Excellent Lawyer, friendly and on top of things and reliable and efficient. I had to go through bankruptcy twice and I trusted them every time. I had the best experience with Robert and Read More
    March 20, 2024logo
  • Gustavo S.starstarstarstarstar5.0
    I am very satisfied with the service that they offered us. They were very professional and kept us informed at all times. I was looking for a bankruptcy attorney nearby and fount Robert Read More
    March 19, 2024logo
  • Paul B.starstarstarstarstar5.0
    I would like to share the amazing experience I have had with this Law firm. I was on the verge of loosing my house because I had not paid my property taxes. I looked for a Bankruptcy at Read More
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    When I say this office was absolutely the best, I am not kidding! They have been absolutely phenomenal. Robert has been the best bankruptcy attorney. The whole team has always kept Read More
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    I was referred by a friend to this bankruptcy attorney. Mr. Stiberman and his staff was very courteous, knowledgeable and very caring towards my concerns. I am pleased with the outcom Read More
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    The process was relatively easy, I would recommend Stiberman Law to anyone who finds themselves in need of a bankruptcy attorney.
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    I have to say that I have had a great experience with Stiberman Law regarding a bankruptcy and they have been very informative and supportive. They have been very helpful and always ans Read More
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    Excellent service. Great bankruptcy attorney and staff. Always informed me of what to expect. My Chapter 13 bankruptcy was smooth and the process was easy thanks to Robert and the Read More
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    Twelve years ago I was in need of legal representation stemming from the housing meltdown if 2008. Robert Stiberman and his staff handled the matter with complete professionalism and sp Read More
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    I was looking for a bankruptcy attorney in Miami, and I found Mr. Stiberman. He and his office were efficient, and they guided me through every step of the process. I am appreciative of Read More
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    I am so grateful for Stiberman Law, P.A. In 2019 my husband and were faced with a very difficult decision file for Bankruptcy, unfortunately we weren’t able to pay for our credit Read More
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    Excellent work from this bankruptcy law firm! I was drowning in debt with my license suspended from a lawsuit I had and thought I would have to spend the rest of my life paying back deb Read More
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    The experience with this office has been great. No problems at all they have kept me straight to doing the right thing and feeling a breeze of peace and being debt free with my bankruptcy.
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    Very happy with Robert and his team. Thanks to them we were able to save our home. Very helpful and knowledgeable in bankruptcy. Best attorney.
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    I had a great experience, I just want thank Stiberman law and his team for a great experience also Ana for the help and explaining my case. Appreciate, thank you
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    Very good office with my bankruptcy. They have been amazing through this hard process. Very happy with Robert and his staff they are very nice and professional. Thank you stiberman!
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    Amazing work by Robert. They are really good with what they do, very attentive and knowledgeable. Customer service and professionalism are top, the lawyer has been great this whole t Read More
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A Comprehensive Guide to Florida’s Wage Garnishment Laws

Wage garnishment is a legal process in which a creditor can obtain a court order to take a portion of an employee’s wages to repay a debt. This process can be stressful and overwhelming for employees, which is why it’s important to understand the wage garnishment laws in Florida. In this blog, we’ll provide an overview of Florida’s wage garnishment laws, including the process, exemptions, and what types of debts can be garnished.

A judgment must be entered to garnish wages to pay medical bills, credit card debt, old utilities, and personal loans. No judgment is needed to garnish wages to pay taxes, child support, or federally backed student loans.

The Wage Garnishment Process in Florida

In Florida, creditors can obtain a court order to garnish wages if the employee owes unpaid taxes, child support, or student loans, among other types of debts. The creditor must file a lawsuit and obtain a judgment against the employee before they can initiate the wage garnishment process to collect on medical bills, credit card debt, old utilities, and personal loans. No judgment is needed to garnish wages to pay taxes, child support, or federally backed student loans.

Once the judgment is obtained, the creditor can file a writ of garnishment with the court, which allows them to start garnishing the employee’s wages.

How Much of Your Paycheck Can Be Garnished?

The amount that can be garnished from an employee’s wages in Florida is generally limited to 25 percent of your weekly earnings after legally required deductions (including federal, state, and local taxes), or the amount by which their disposable earnings exceed 30 times the federal minimum wage, whichever is less. “Disposable earnings” refers to the amount of an employee’s paycheck that remains after legally required deductions such as taxes, social security, and health insurance.

If an employee’s disposable earnings are greater than 30 times the federal minimum wage, which is currently $7.25 per hour, the amount that can be garnished from their wages is limited to the lesser of 25% of their disposable earnings or the amount by which their disposable earnings exceed 30 times the federal minimum wage. For example, if an employee’s disposable earnings are $500 per week, which is greater than 30 times the minimum wage of $7.25, the lesser amount that can be garnished is 25% of their disposable earnings, which would be $125 per week.

Exemptions from Wage Garnishment in Florida

Not all types of income and property are subject to wage garnishment in Florida. The state has certain exemptions that protect certain types of income from being garnished, including:

  • Annuities and life insurance proceeds and cash surrender value
  • Roth IRA, IRA, and 401K retirement accounts.
  • Disability income.
  • Head of household wages subject to not exceeding certain amounts.
  • Veteran’s benefits

It’s important to note that these exemptions may not apply to all types of debt. For example, child support can be garnished from Social Security benefits in some cases.

What Types of Debts Can be Garnished in Florida?

In addition to unpaid taxes, child support, and student loans, other types of debts that can be subject to wage garnishment in Florida include:

  1. Unpaid rent or damages from a rental agreement
  2. Medical debts
  3. Credit card debts
  4. Personal loans

How Can I Stop Garnishment of my Paycheck?

Options for Stopping Wage Garnishment

If you receive a judgment and your workplace is required to begin garnishing your wages to pay a debt, you can either appeal the decision or file for bankruptcy. Let’s look at both options.

Appealing Wage Garnishment

If you have dependents, you may be able to File a Claim of Exemption by claiming the head of household exemption. If you can claim head of household, or show that you pay at least half of the living expenses of a dependent, your income can’t be garnished if your weekly disposable income is less than $750 dollars.

You should also review the Writ of Garnishment to look for any procedural mistakes or, if possible, offer to settle the judgment if you have the funds to do so. However, you must work quickly as you only have 20 days to respond before your pay is garnished.

Filing for Bankruptcy Stops Wage Garnishment

If your paycheck is already being garnished or you don’t meet the exemptions, filing for bankruptcy may be the right option. It is important to understand bankruptcy garnishment rules. By filing for bankruptcy, all wage garnishment and attempts at collection must cease as your debts are accumulated and processed. If you are filing for Chapter 7, your debts may be discharged after eligible assets are used to settle with creditors, while Chapter 13 restructures your debt to allow you to make a payment that is dispersed to those to whom you owe money. After three to five years, eligible debt is discharged.

Conclusion

Wage garnishment can be a stressful and overwhelming process for employees in Florida. It’s important to understand the wage garnishment laws in Florida to protect your income and assets from being seized by creditors. Remember that certain types of income and property are exempt from wage garnishment, and that creditors must follow the proper legal procedures before initiating the garnishment process. If you’re facing wage garnishment or have questions about Florida’s wage garnishment laws, it’s always best to seek the advice of a qualified wage garnishment attorney.

Schedule a Free Consultation with a Bankruptcy Attorney in Florida

If you’re struggling to make ends meet due to wage garnishment or experiencing hardship due to debt, bankruptcy may be the right option to help you achieve financial freedom. Schedule a free consultation with Stiberman Law, an experienced bankruptcy law firm in Florida dedicated to helping our clients get out from under debt. Call us at (954) 922-2283 or fill out the form below to get started.

Written By:

Attorney Robert Stiberman

Robert is an experienced bankruptcy attorney adept at handling Chapter 7, 13, and 11 filings, with more than 15 years of experience in bankruptcy cases. Robert represents clients in both consumer and business bankruptcy ... Read More

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