Wage garnishment refers to a legal process in which a portion of an individual’s earnings is withheld by their employer in order to satisfy a debt. This is typically following a court judgment. In Florida, wage garnishment is permitted but subject to strict limitations and exemptions under both state and federal law.
Generally speaking, in Florida, creditors can garnish wages for a certain type of debt, such as credit cards, medical bills, and personal loans, but only after obtaining a court judgment. However, garnishment is automatically allowed for certain obligations, including child support, alimony, federal student loans, and unpaid taxes, without the need for a separate lawsuit.
Under Florida Statutes Section 222.11, wages may be exempt from garnishment if the individual qualifies as head of family. This means that they provide more than half of the financial support for a dependent. If their net earnings are $750 per week or less, those wages are fully exempt. If earnings exceed that amount, garnishment is only allowed if the individual waives the exemption in writing.
If a creditor is legally allowed to garnish wages, such as for child support or federal debts, employers must comply with the writ of garnishment. Florida law also permits employers to deduct money from a paycheck or bank account as a processing fee, typically $5 for the first deduction and $2 for each subsequent deduction, to cover administrative costs.
For bank account garnishments or garnishment of other non-wage assets, Florida law provides a separate process governed by Chapter 77 of the Florida Statutes. This allows creditors to seize funds held by third parties, such as banks, after first obtaining a final judgment and filing a motion for writ of garnishment. The debtor is then notified and given an opportunity to claim exemptions or contest the garnishment.
When Is a Creditor Allowed to Garnish My Wages in Florida?
As mentioned above, Florida law permits wage garnishment under specific circumstances, but it also provides strong protections for debtors. This distinguishes Florida from states with broader garnishment allowances for consumer debts.
In general, creditors can garnish wages for unsecured debts like credit card balances or medical bills. They can only do so after obtaining a court judgment. However, garnishment is automatically allowed for certain obligations, including child support, alimony, federal student loans, and unpaid taxes.
For support-related obligations, Florida Statutes Section 61.1301 and federal law allow withholding up to 50 to 60% of disposable earnings for child support and alimony, depending on whether the debtor is supporting another dependent. These orders are typically enforced through income deduction orders issued by the court.
In contrast, defaulted federal student loans may trigger administrative wage garnishment of up to 15% of disposable income under 20 United States Code Section 1095a(a), without the need for a court order.
Florida’s Constitution and statutes offer additional safeguards. Under Florida Statutes Section 222.11, wages may be exempt from garnishment if the debtor qualifies as head of family and earns $750 or less per week. Even if earnings exceed that amount, garnishment is only allowed if the debtor waives the exemption in writing.
If you’re facing a potential wage garnishment, it’s essential to determine whether your debt falls within one of these permitted categories. If not, the creditor may need to pursue alternative remedies, such as bank account garnishment under Chapter 77 of the Florida Statutes or placing liens on real property following a judgment.
What Is Wrongful Wage Garnishment in Florida?
Wrongful wage garnishment in Florida occurs when a creditor or entity attempts to seize a portion of an individual’s wages in violation of state or federal law. As noted above, Florida provides strong protections for debtors, particularly those who qualify for exemptions such as the head of family status.
Once again, under Florida Statutes Section 222.11, wages may be exempt from garnishment if the individual is the head of family earning $750 or less per week, or if they have not waived their exemption in writing. Garnishment is generally permitted only for specific obligations, including child support, alimony, federal student loans, and unpaid taxes.
A garnishment may be considered wrongful if any of the following occur:
- It is initiated without a valid court judgment or legal authority
- It targets wages for debts not legally subject to garnishment under Florida law (e.g., unsecured consumer debt without judgment)
- It exceeds the allowable percentage of disposable income under federal limits (typically 25%)
- It garnishes exempt income, such as Social Security, unemployment benefits, or veterans’ benefits
- The debtor was not properly notified or served, violating due process rights under Chapter 77 of the Florida Statutes
It is important to also note that Florida law requires creditors to follow strict procedural rules, including timely service of garnishment notices and allowing debtors to file a claim of exemption within 20 days of receiving notice.
As such, if a creditor garnishes wages outside of these legal boundaries, the debtor may challenge the action in court and seek to dissolve the garnishment order or recover wrongfully withheld funds.
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Does the Wage Garnishment Have To Be Done With Malice?
In short, no. In Florida, wage garnishment does not need to be carried out with malice to be considered unlawful or improper. The legal standard instead centers on whether or not the garnishment complies with statutory requirements, not the creditor’s intent.
In fact, Florida Statutes Chapter 77 outlines the conditions under which a writ of garnishment may be issued. While the law discourages abusive practices, it does not require proof of malicious intent for a garnishment to be challenged. The focus remains on procedural compliance and the debtor’s legal protections.
If a creditor garnishes wages outside of the permitted exceptions, such as for unsecured consumer debts like credit cards or medical bills, without a valid court judgment. In such cases, the garnishment may be deemed wrongful. This holds true regardless of whether the creditor acted with ill intent.
Florida law permits wage garnishment only under specific circumstances, including child support, alimony, defaulted federal student loans, and unpaid taxes. These categories are governed by both state statutes and federal regulations, such as the Consumer Credit Protection Act. Additionally, Florida Statutes Section 222.11 provides exemptions for head of family wages, protecting up to $750 per week unless the debtor has waived the exemption in writing.
Can I Stop a Wage Garnishment by Telling My Employer It’s a Wrongful Garnishment?
In Florida, simply telling your employer that a wage garnishment is wrongful does not automatically stop the garnishment. It is important to note that employers are legally required to comply with valid garnishment orders issued by a court or authorized government agency. Failure to do so may result in penalties. That said, you do have legal options to challenge and terminate a wrongful garnishment.
Under Florida Statutes Section 222.11, wages may be exempt from garnishment if you qualify as head of family and earn $750 or less per week, or if you have not waived your exemption in writing.
Once again, garnishment is generally permitted only for specific debts such as child support, alimony, federal student loans, and unpaid taxes. If your wages are being garnished for a debt outside these exceptions, you may be able to stop it through the courts.
The following is a list of steps to terminate a wrongful wage garnishment in Florida:
- Review the garnishment order: First, you need to confirm whether the garnishment is legally valid and falls within the permitted categories under Florida law
- Gather financial documentation: Next, you should collect pay stubs, bank statements, and any garnishment notices to support your claim
- File a Motion to Dissolve the Garnishment: You will then need to submit this motion to the court that issued the writ, citing exemptions under Chapter 77 or Section 222.11 of the Florida Statutes
- Attend the court hearing: You should be prepared to explain why the garnishment is improper and present supporting evidence
- Notify your employer of the court’s ruling: Once the garnishment is dissolved, you will need to provide your employer with a copy of the court order to stop further deductions
- Monitor future paychecks: Finally, you should ensure that garnishment has ceased and that no additional amounts are withheld
If you’re facing wage garnishment in Florida and you suspect it is being done in violation of state or federal law, then it is recommended to set up a legal consultation in Florida with a Florida lawyer immediately.
Should I Talk to a Lawyer About Stopping My Wrongful Wage Garnishment in Florida?
LegalMatch can assist you in locating an attorney near you experienced in handling wage garnishment matters.
Florida financial lawyers who are experienced in wage laws will be able to help you review the garnishment order and determine if your wages are protected under Florida exemptions. They can also file the appropriate motions to challenge or terminate the wrongful garnishment. Acting quickly is key to protecting your income and avoiding further financial setbacks.
As such, it is recommended to meet with a lawyer who can advocate for your rights and guide you through the legal process as soon as possible. Finally, a lawyer can represent you at any in person hearing, if needed.
