Florida wage garnishment can be a humiliating, financially frustrating experience.
Has a lender sued you to collect an outstanding debt? Is part of your paycheck "disappearing" for unknown reasons or because there is a garnishment entered against you? Diverse parties, including medical collection centers, lenders, and even the Internal Revenue Service, can attempt to collect debts from you by garnishing your wages.
To deal appropriately with this situation, you likely need the help of a proven Florida wage garnishment attorney. The TK Law Firm has worked with thousands of working Floridians and helped them manage difficult financial issues including wage garnishment.
Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376).
Depending on your situation, we can help you immediately stop garnishment − either by assisting you with filing for Chapter 7 or Chapter 13 bankruptcy or by finding a solution that does not require you to file bankruptcy, such as filing an exemption to the writ of garnishment.
Florida Wage Garnishment 101: Theory and the Practice
When you fail to pay off a debt, your lender or creditor can go to the court to seek a judgment against you and petition to collect your wages as payment under the judgment. Once the courtroom issues a judgment, the creditor can start to drain money from your bank account or paycheck on an ongoing basis. If court approves the garnishment, the creditor will serve your employer with a writ of garnishment, and you will have an opportunity to respond to the writ of garnishment.
Once a garnishment is in place, creditors may seize a significant portion of your paycheck each and every pay period, depending on the type of debt you owe, the extent to which the debt is past due, and other factors.
Florida wage garnishment law does place limitations on how creditors can garnish wages.
What Exemptions Are There?
Legally, your creditor must give you a statement that explains possible exemptions and your rights. Two common exemptions include head of household and weekly income exemptions.
Head of Household. If you are the head of your family’s household, then you may be exempt from garnishment, unless you consented to the garnishment in writing. If you qualify as a head of household, our Florida wage garnishment lawyers may have a good chance of helping you prevent or eliminate a wage garnishment.
Weekly Income. The second kind of exemption provides help for people who earn less than the minimum wage (times 30) per week. In Florida, the very least you can legally earn is $7.25 per hour. So if you earn less than $217.50 every week, you will likely be exempt from wage garnishment.
Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376).
Is Bankruptcy the Best Solution to Garnishment?
Bankruptcy offers an excellent solution to stop wage garnishment, creditor calls, foreclosure, and other unpleasantries. As soon as you file for Chapter 7 or Chapter 13, there may be a halt on the garnishment immediately – technically, this is known as a “stay.”
Bankruptcy does not guarantee a stop to the garnishment. In some cases, it may only delay it. For instance, garnishment may continue if you owe penalties to the IRS, spousal support or child support.
Bankruptcy is not the only way to stop a garnishment. Other options to stop the garnishment include:
- filing an exemption to the garnishment,
- challenging the judgment leading to the garnishment, or
- settling the debt that led to the judgment and garnishment being entered.
Attorney to Help Stop Wage Garnishment in Florida
Our experienced Florida bankruptcy and garnishment lawyers can help you find paths to eliminating wage garnishments, including negotiating with lenders and voiding the debts altogether.
Connect with the TK Law Firm to understand your options and start taking action to rebuild your financial picture. Call for your free consultation with a wage garnishment attorney at: 855-Kramer-Now (855-572-6376).