Can a debt collector garnish wages in Florida?

Yes, Florida law does allow creditors to garnish your wages. However, a creditors’ right to garnishment, and the amount they’re entitled to garnish, hinges on whether you qualify as a “head of family” under Florida statute 222.11.

Can a debt collector garnish settlement?

Money awarded in personal injury settlements in California is exempt under the law from garnishment under the law protecting it from creditors seizing it. That means creditors can’t legally take settlement money from your bank account and use it to pay off your old debts.

What must creditors do before they can garnish wages?

Before the creditor can garnish your wages, most must sue you, get a money judgment, and get a court order.

Can a creditor get a wage garnishment order in Florida?

In Florida, creditors can get a wage garnishment order if you have defaulted on credit card payments or have not paid medical bills. They cannot garnish your wages without a court order or without a money judgment on the debtor.

What can a creditor do in Florida after a money judgment?

One of the first things a creditor will do after obtaining a money judgment is serve a writ of wage garnishment on the debtor’s employer. Florida permits a continuing wage garnishment which means that a single writ of wage garnishment applies to the debtor’s future wages until the judgment is paid or until employment terminates.

Can a creditor take more than 25% of your wages in Florida?

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.

When does a creditor file a writ of garnishment?

The creditor files the garnishment motion ex-parte, which means without advance notice to the judgment debtor. Upon filing the motion, the judge will ordinarily grant the writ of continuing wage garnishment, and the court then creditor sends the continuing garnishment order to the debtor’s employer.