Wage Garnishment in Florida

Creditors may legally garnish your wages in Florida to cover debts you owe. Wage garnishment can lead to significant financial hardship. Working with a Florida debt defense victim attorney at Sharmin & Sharmin P.A. allows you to understand creditors’ rights and your legal rights and options while discovering ways to protect your wages.

Debts a Wage Garnishment May Cover

Some creditors you owe, like credit card companies and doctors’ offices, may use Florida’s laws on wage garnishment to file a lawsuit to seize a percentage of your income to pay back your debts. The wage garnishment order informs your employer of the amount to deduct from your paycheck. Some institutions, like government entities, do not need a court order to collect on a debt you owe, using an administrative wage garnishment to collect debts. Wage garnishments may cover:

• Student loans: A wage garnish of up to 15% of disposable income may occur by the federal government to pay delinquent loans
• Federal taxes: A wage garnish by the IRS can equal 25 to 50% of your disposable income
• Child support/Alimony: The government can garnish up to 50% of disposable income to satisfy these debts. Garnishing additional percentage amounts may occur based on your marital status, the number of additional children you are supporting, and how many weeks you are behind on your debt
• Consumer debt: Garnishing 25% of your disposable income is possible, or an amount that is greater than 30 times the federal minimum wage

A wage garnishment is enforceable for up to 20 years or until you pay the debt before the time limit runs out.

Debt Collection and Your Legal Rights

Though wage garnishment to satisfy debts is legal, debt collectors working to collect money you owe to creditors must follow laws that protect you from persistent debt collection calls and other tactics in Florida. Filing a complaint is possible with state and federal entities that enforce fair debt collection practices. 

Exemptions to Wage Garnishment in Florida 

Laws also exempt certain wages from garnishment in Florida if you are the head of the household and provide more than half of a child’s or dependent’s financial support. Additionally, you are exempt from garnishment if your wages equal $750 a week or less after taxes and social security. Other incomes exempt from wage garnishment include:

• Disability
• Pensions and retirement accounts
• Annuities
• Veteran’s benefits

While social security benefits are exempt, they may be subject to garnishment for federal tax, alimony, and child support debts.

Wage Garnishment Alternatives in Florida

A Florida debt defense attorney may be able to negotiate a lesser amount for your debt to minimize the impact of wage garnishment. Negotiating a total sum payment that is less than what you owe can relieve a debt more efficiently and reduce fees. To terminate the wage garnishment, a creditor will file a release of wage garnishment. A member of our firm can assist when a creditor does not comply with the legal steps. 

You also have the right to appeal a wage garnishment. Other options, including bankruptcy, may exist depending on your financial circumstances and the debt you owe. Waiting to contact a Florida debt defense attorney may leave you with few options to protect against wage garnishment. Gaining control of your financial health is possible. 

Contact Sharmin & Sharmin P.A. to schedule a free consultation. Our experience can help protect against wage garnishment and discover alternatives that create a more sustainable path to conquering debt.