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5.05.05.05.05.0Written By: Attorney Robert Stiberman.
Updated March 17, 2023
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 lawyer in Florida. At Stiberman Law, our Florida wage garnishment attorney can seek to stop creditors from taking your hard-earned income and will help you take the proper steps to achieve financial freedom.
Led by top-rated Florida wage garnishment lawyer Robert Stiberman, immediately stopping your wages from being garnished is our top priority. Stiberman Law 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. Robert is one of the best wage garnishment attorneys in South Florida, with a track record of success to prove it. Robert and the office team consistently receive positive reviews for their hard work.
Wage garnishment representation is one of our primary practice areas at Stiberman Law. Many clients face credit card debt, student loan debt, and administrative wage garnishments. We understand the law and what steps you need to take to keep 100% of your hard-earned paycheck.
Creditor agencies commonly use wage garnishment to collect on a debt. Up to 25% of your wages in Florida may be garnished to repay debt. Your creditors have attorneys on their side that understand the law. You want to level the playing field and probably search for a “wage garnishment lawyer near me.” Here are some essential things to look for:
Experience is one of the most important things to look for when comparing Florida wage garnishment lawyers. An experienced lawyer will explain:
A lawyer’s expertise comes from years of practice representing clients in wage garnishment matters.
Your local legal services or legal aid organization may be able to assist you if you cannot afford a private lawyer.
Important things to look for:
Your attorney must be licensed to practice in Florida. Look for attorneys in good standing with the Florida Bar and verify their credentials.
Look for at least a 4.5-star rating and a minimum of 100 reviews, and check for a trend in positive experiences.
“We have years of experience and a track record of success. Our mission is to provide you with sound legal counsel in whatever challenges you may be facing .”
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, must 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. Some debts don’t require a court order for garnishment to occur. These include:
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. I’m an experienced attorney who can give you legal options based on your circumstances.
A lawyer for wage garnishment on your side can advise you of your rights, fight the garnishment, negotiate with your creditors, and explore the best available legal options.
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!!!”
Often, your attorney will fight to prevent the garnishment order from being issued. 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. 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 must take to garnish your wages in Florida and available options to prevent the garnishment of your wages.
If you have had a judgment 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 and any communications from creditors, including text messages.
Bankruptcy option
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. Your attorney will analyze your disposable earnings and other assets and will advise you if debt settlement, entering into a payment plan, or whether to file bankruptcy is the best course of action.
If you are facing a lawsuit from a creditor, a lawyer might be able to work out an arrangement in everyone’s best interests before your wages are garnished.
Most creditors file suits and seek to collect from your earnings. One option is to get rid of litigation by agreeing to settlements with the creditor before it gets to trial. A skilled attorney knows what offers a creditor accepts.
State-Wide Websites
FloridaLawHelp.org is the gateway to Florida legal resources.
Florida Rural Legal Services (provides high-quality civil legal services to address the unique legal needs of migrant and seasonal farmworkers throughout Florida.)
Free Legal Answers – This virtual legal advice clinic is where you can ask a question and get an answer.
Depending on what happened, you should think of a way to prevent the garnishment. Sometimes the best option is to get your earnings garnished after paying your debts. Sometimes it is logical to challenge garnishment alone, negotiate with creditors, or hire legal counsel. Here’s an idea of what to think about.
The law limits how much wages can be garnished or how much your employer can deduct from each paycheck to apply toward the judgment. There are other restrictions on the administration’s wage garnishments. You should seek advice on the proper amount from your lawyer.
If a judgment has not been entered against you, it would be best to consult an attorney. Legal counsel can defend you in the lawsuit and demand proof that you owe the debt.
Your creditor may be willing to work with you. Sometimes it is possible to negotiate with creditors directly. Consult the lawyer before deciding to go it alone.
In exploring your options, you should weigh the costs of hiring an attorney vs. defending the lawsuit or fighting the wage garnishment. Our firm will help you understand the economies of the case so you can make an informed decision when weighing your legal options.
In Florida, you have rights. An employer cannot fire an employee in Florida because of wage garnishment.
Since 1998, we have been dedicated to helping our clients escape crushing debt and move forward with security and confidence. Our wage garnishment lawyers will offer personalized guidance based on your unique situation, and we will end creditors’ attempts to take your income.
We understand you may feel you can’t afford a lawyer. We offer free initial consultations and 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.
At Stiberman Law, our bankruptcy attorneys provide seasoned legal counseling on matters related to bankruptcy, including wage garnishment.
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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