Wage Garnishment

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Wage garnishment occurs when a creditor uses a court process to require an employer to withhold a portion of an employee’s wages and send those funds directly to the creditor. For many individuals, garnishment is the first time they realize a judgment has been entered, and the reduction in take-home pay can create immediate financial strain.

In Florida, wage garnishment is typically a continuing process, meaning a single garnishment order can remain in place and continue deducting wages until the judgment is paid, resolved, or legally stopped. Because of this, prompt action is critical.

In most cases, a creditor must first obtain a court judgment before pursuing wage garnishment. Once a judgment is entered, the creditor may seek garnishment through the court and serve the employer with a writ requiring wage deductions.

Certain obligations are treated differently under the law. Child support, certain tax obligations, and some federal debts, such as student loans, may be subject to garnishment without the same judgment requirements. The rules governing those garnishments are separate and often more restrictive.

A Florida judgment can generally be enforced for many years, which means garnishment exposure may exist long after the original lawsuit has concluded if no action is taken.

Florida law provides strong protections for individuals who qualify as head of household. A person may qualify if they provide more than half of the financial support for a dependent. Dependents are not limited to minor children and may include other relatives or individuals who rely on the wage earner for support.

If a person qualifies as head of household and their net weekly earnings fall below a statutory threshold, wage garnishment may be entirely prohibited. If earnings exceed that threshold, garnishment may be limited to the amount above it. The individual claiming the exemption must assert it properly and be prepared to demonstrate eligibility.

It is important to understand that head of household protection applies to wages, not to all forms of income. Certain funds, such as tax refunds, are treated differently and may not be covered by this exemption.

In addition to head of household protections, Florida law recognizes exemptions for certain types of income. Depending on the circumstances, this may include:

• Social Security and disability benefits
   
• Veterans’ benefits
   
• Workers’ compensation
   
• Certain pensions and retirement income
   
• Life insurance proceeds
   

Whether funds remain protected often depends on how they are received and maintained, including whether exempt funds are commingled with non-exempt money.

Federal law also limits how much of a person’s disposable income may be garnished. In most cases, garnishment may not exceed a fixed percentage of disposable earnings, even if multiple creditors are involved. These federal limits apply regardless of head of household status and operate alongside Florida exemptions.

Understanding how state and federal protections interact is an important part of evaluating whether a garnishment is lawful and whether it can be reduced or stopped.

When a wage garnishment is initiated, the court and the creditor are required to provide notice to the individual being garnished. Deadlines apply, and exemptions must be claimed within a specific time period. Failing to respond properly or on time can result in the garnishment continuing without further review.

In some situations, creditors are required to respond to exemption claims within defined time frames. If they fail to do so, the garnishment may be dissolved without the need for a hearing. These procedural protections only apply if the debtor acts promptly and correctly.

Depending on the facts, additional strategies may exist, including:

• Challenging the garnishment based on exemptions
   
• Addressing errors in the judgment or service
   
• Evaluating whether a prior judgment can be set aside
   
• Coordinating garnishment defense with broader debt relief strategies, including bankruptcy
   

Each option depends on timing, income, and the procedural history of the case.

Wage garnishment is disruptive, but it is not always final. Florida law provides meaningful protections, and in many cases, garnishment can be limited, paused, or stopped altogether. The key is understanding what applies to your situation and acting before options are lost.

If your wages are being garnished or you have received notice of a pending garnishment, we invite you to contact The Tancredo Law Firm, P.A. to discuss your situation and determine a clear and timely course of action.