Florida Wage Garnishment Lawyers
If you've recently found out your wages are being garnished, or are about to be garnished, you need to speak with an Orlando Garnishment Lawyer. You have 20 days to respond and a lawyer may be able to stop the garnishment.
Florida law limits the amount that a creditor can take or seize or "garnish" from your wages to repay your debts. The Florida wage garnishment laws (also called wage attachments) generally follow the federal wage garnishment laws but some exemptions are available in Florida which might limit a creditors rights to garnish your wages. For the most part, creditors with judgments can only take up to 25% of your wages and only if your wages meet a minimum threshold. However, for a few types of debts, creditors can take more.
Read on to learn about wage garnishment law in Florida.
What Is a Wage Garnishment?
A wage garnishment or wage attachment is an order from a court or a government agency that is sent to your employer. It requires your employer to withhold money from your paycheck and send this money directly to your creditor.
Different garnishment rules apply to different types of debt -- and there are legal limits on how much of your paycheck can be garnished.
When Can a Creditor Garnish Your Wages in Florida?
Most creditors cannot get a wage garnishment order until they have first obtained a court judgment stating that you owe the creditor money. For example, if you are behind on credit card payments or owe a doctor’s bill, those creditors cannot garnish your wages unless they first sue you and get a judgment.
There are a few exceptions to this rule. Your wages can be garnished without a court judgment for:
- unpaid income taxes
- court ordered child support
- child support arrears, and
- defaulted student loans.
Limits on Wage Garnishment in Florida
There are limits to how much money can be garnished from your paycheck. The idea is that you should have enough left to pay for living expenses.
Exemption from Garnishment
If you provide at least 50% of support for a minor or other family member, a wage garnishment defense lawyer may be able to cancel your garnishment and have any money withheld returned to you.
Speak to an Orlando Garnishment Lawyer to find out if you qualify for an exemption from garnishment.