Stopping Wage Garnishment in Florida

In difficult economic times, people pay their most important bills first. This usually includes keeping a roof over their head, which means paying the mortgage and utilities. Putting food on the table is another priority, especially for people with children. Making payments to credit card companies may be last on the list and even then, some individuals can only make the minimum monthly payment. When people default on their bank loans or other accounts, some companies will go to court and get a legal judgment against them. Anyone with a regular job could end up having their wages garnished to satisfy the judgment. To stop wage garnishment, the debtor can file a claim of exemption.

Keep Creditors Out of the Cookie Jar

Americans work hard for their money and a wage garnishment could result in a loss of 25 percent of a person's net earnings. Employer's hands are tied because they cannot legally ignore the request. Florida has very strict garnishment guidelines and the following exemptions apply:

  • The head of household is exempt from wage garnishment unless they make more than $500 a week.
  • If the judgment amount equals less than 30 times the minimum weekly wage, the person will be exempt. The current minimum wage is $7.25 in Florida.

Debtors that wish to stop wage garnishment may choose to obtain a debt consolidation loan. This would allow them to pay off their creditors before they can take legal action. Another option would be to file for either Chapter 7 or Chapter 13 bankruptcy. The federal court will issue an automatic stay that immediately halts all collection activities.

Seek Legal Help From a Florida Attorney

The law limits the time period in which the creditor can act. The statute of limitations in Florida says that credit card companies only have four years to bring legal action. If you have defaulted on a student loan, the federal government can come after you. Even if you are head of household, this exemption will not apply because federal law always trumps state law. If your wages have been garnished, contact an attorney for help. Lawyers that specialize in debt settlement and bankruptcy may be able to stop wage garnishment.

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