Written By: Attorney Robert Stiberman.
Updated March 17, 2023
Imagine waking up one morning to find that a portion of your paycheck is missing. This is the harsh reality of wage garnishment, a legal process where your earnings are withheld to pay off a debt. Whether due to unpaid loans, unpaid income taxes, or child support, wage garnishment can immensely strain individuals and their families.
When you’re living paycheck to paycheck, any cut can spell disaster for you and your family. If you are contacted by a creditor threatening to garnish your wages, or they already are, you need help from an experienced wage garnishment attorney in Florida. The impact on daily life can be devastating, affecting everything from paying bills to buying groceries. For many, this situation feels like drowning in a sea of financial obligations with no way out.
At Stiberman Law, P.A., we have experience working in wage garnishment cases in Florida. Our experienced wage garnishment attorneys understand the complexities of Florida law and can guide you through the process.
If you have any questions about wage garnishment, contact us to schedule a free consultation. Our team of skilled and personable attorneys is here to help you.
According to the US Department of Labor, “wage garnishment is a legal procedure in which a person’s earnings are required by court order to be withheld by an employer for the payment of a debt such as child support.”
In other words, wage garnishment occurs when your employer withholds a portion of your wages to pay debts owed to creditors. For this to happen, your creditors, such as a credit card company or a collection agency, should sue you for the outstanding debt. If they receive a judgment against you, the creditor can ask the court to issue a wage garnishment order. Moreover, it can occur for different types of debts.
Child Support
People often see wage garnishment for unpaid child support. Courts prioritize this to ensure that children receive the financial support they need.
Student Loans
Federal student loans are another common cause. When borrowers default, the government can garnish wages without a court order.
Unpaid Taxes
Both federal and state tax agencies can garnish wages for unpaid taxes. The IRS, for instance, has the authority to take a portion of our wages to cover tax debts.
Credit Card Debt
If you fail to pay credit card debt, creditors may sue and obtain a court order for wage garnishment. This type often follows a series of missed payments and legal actions.
Effective financial management can help prevent wage garnishment scenarios. For more information, you can visit helpful resources like the Federal Wage Garnishment Law and the Bureau of the Fiscal Service’s site on Administrative Wage Garnishment Background.
In Florida, wage garnishment begins with a legal process. First, a creditor is required to obtain a court order, which is essential for the garnishment to proceed. According to Chapter 77 Section 041, the court clerk issues a writ of garnishment upon the creditor’s application.
The creditor is also required to notify the debtor of the garnishment. This notification allows the debtor to contest the garnishment if they believe it is unjust.
Employees have rights and protections when facing wage garnishment. Under the Consumer Credit Protection Act (CPAA), there are limits on how much of an employee’s wages can be garnished. Under federal law, Title III of the Consumer Credit Protection Act (CCPA) can protect some, but not all, of your weekly disposable income from garnishment from your employer. You can find more information in the following link from the U.S. Department of Labor under the section titled “Title III of the CCPA’s Limitations on Wage Garnishments.”
Generally, no more than 25% of weekly disposable earnings can be taken.
According to the Department of Labor, federal law restricts wage garnishment based on the federal minimum wage and disposable earnings. The Consumer Credit Protection Act (CCPA) stipulates that the lesser of two amounts can be garnished: either 25% of disposable weekly earnings or the amount that your weekly disposable income exceeds 30 times the federal minimum hourly wage. A portion of income is protected from garnishment to ensure you can still afford essential living expenses.
The current federal minimum wage of $7.25 per hour creates a weekly protection threshold of $217.50 ($7.25 x 30). That means if weekly disposable earnings are $217.50 or less, they cannot be garnished for consumer debts. Creditors can garnish up to 25% of disposable income for earnings above this threshold.
Different limits apply for certain obligations. For instance, child support garnishment can reach up to 50-65% of disposable earnings. Florida law follows these federal guidelines while providing additional protections for head-of-household wage earners.
Often, your attorney will fight to prevent the garnishment order from being issued. Suppose you receive notice that you are being sued, or your paycheck will be garnished to pay an unsecured debt, like medical or outstanding utility bills.
If you are considering “how can I apply for garnishment hardship?” or how to object to wage garnishment, a lawyer can explain your legal rights. Sometimes, they can negotiate a settlement, lower monthly payments, or recommend other solutions to help you keep your income intact.
Certain funds, wages, and property may be protected or exempt from garnishment, even if deposited into a bank account. Florida Statutes 77.041 outlines the steps a judgment creditor is required to take to garnish your wages in Florida and available options to prevent the garnishment of your wages.
In Florida, you only have 20 days after an order is placed before your pay is garnished. During this time, a wage garnishment attorney can help you look at potential exemptions and look for procedural mistakes in your case.
Filing a bankruptcy petition invokes the automatic stay, stopping any ongoing garnishment. A bankruptcy lawyer who understands the bankruptcy code will explain the entire process and the pros and cons of presenting a bankruptcy case. An attorney can analyze your disposable earnings and other assets and is prepared to advise you if debt settlement, entering into a payment plan, or whether to file bankruptcy can be a favorable course of action.
People can also challenge the validity of the debt itself. This involves showing that the debt was either paid off, discharged, or fraudulent. To do this, individuals are required to complete the following steps:
Another defense is identifying procedural errors in the garnishment process. You can argue that the garnishment should be stopped or reduced if there are mistakes. Common errors include:
Remember, some types of income may be exempt from garnishment under Florida wage garnishment laws. Here are some examples of exempt income:
Veterans benefits
Social Security benefits
Disability Income
Unemployment compensation
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How Much of My Wages Can Be Garnished in Florida?
In Florida, the legal limits on wage garnishment depend on the type of debt. Typically, up to 25% of disposable earnings can be garnished. However, specific types of debt, like child support or taxes, may have different limits.
What Types of Debts Can Result in Wage Garnishment?
Many types of debt can lead to wage garnishment, including unpaid child support, federal student loans, taxes, and credit card debt. Each type of debt may have different rules and limits on how much can be garnished.
How Do I Contest a Wage Garnishment?
To contest a wage garnishment, you can file a claim of exemption with the court. This process requires specific documentation and legal knowledge, so seeking help from a qualified attorney is essential.
Does Florida Offer Any Exemptions to Wage Garnishment?
Yes, Florida offers certain exemptions. For example, head of household exemption allows individuals who provide more than half the support for a dependent to be exempt from wage garnishment.
How Long Does Wage Garnishment Last?
Wage garnishment typically lasts until the debt is fully paid off or an agreement is reached with the creditor. The duration can vary depending on the amount owed and the terms set by the court or creditor.
Led by skilled Florida wage garnishment attorney Robert Stiberman, our top priority is to immediately stop wage garnishment. Stiberman Law, P.A. has represented clients facing wage garnishments in Florida for the last 15 years.
Robert Stiberman earned his law degree at the University of Miami Law School and is also a proud UM Alumni.
Wage garnishment can severely impact your financial stability. At Stiberman Law, P.A., we believe seeking legal assistance as early as possible is crucial. Our wage garnishment attorney in Florida can assist in managing and mitigating the impact of wage garnishment. Our experienced wage garnishment lawyers have extensive experience in this field and are well-prepared to assist you.
First, we can evaluate the specifics of your situation and provide personalized legal advice. Each case is unique, and understanding the details is crucial. We can discuss options such as negotiating with creditors, contesting the garnishment, or filing for bankruptcy if needed.
It’s crucial to take timely legal action. A quick response to a garnishment notice can prevent further financial damage. Acting promptly ensures we use all available legal avenues to protect your income and assets. By addressing these aspects proactively, we can help you navigate wage garnishment and minimize its impact on your financial stability.
Contact us today and schedule a free consultation. We are here to help you secure a more stable financial future.
Peaches M – Client Testimonial
“Great excellence experience with the office. Helping me stop a wage garnishment that was really affecting me financially. They have been amazing. The lawyer and staff are very thorough and I’m so happy with their service. Thank you!!!”
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, Broward county, Hollywood, and Fort Lauderdale, and all of Palm Beach County, including West Palm Beach and Boca Raton. We will advocate on your behalf, and you will get out of debt. Schedule a free consultation with a wage garnishment lawyer today by calling (954) 932-7804 or filling out the form below to get started.
No. The Consumer Credit Protection Act (CCPA), 15 U.S. Code section 1673, limits the income garnished weekly. According to Florida law, Florida Statutes 222.11, creditors can garnish:
If you have dependents, you can 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.
There may be better options than quitting your job since the garnishment may follow you to your next job.
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.
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