What are the garnishment laws in Florida?

If you're not a head of family, Florida borrows its wage garnishment rules from federal law, specifically the Consumer Credit Protection Act. This law states that creditors cannot garnish more than 25% of your wages or the amount that exceeds 30 times the minimum wage, whichever is less.

What Cannot be garnished in Florida?

Assets you cannot garnish in Florida

Proceeds from life insurance and annuities. Federal student loans. State disability and state welfare benefits. Social Security Insurance benefits.

How do I avoid garnishment in Florida?

What income is exempt from garnishment in Florida?

The Florida statutes provide that a judgment creditor cannot garnish earnings consisting of wages, salary, commission, or bonus payable to a Florida head of household.

Is Florida a no garnishment state?

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.

Florida Wage Garnishment Laws

Can your bank account be garnished in Florida?

In Florida, bank account garnishment is authorized by Chapter 77 of the Florida Statutes. Under Section 77.03, a judgment creditor can request that a court issue a writ of garnishment. Once issued, the creditor serves the bank with the garnishment.

How long can your wages be garnished in Florida?

However, unpaid income taxes, court ordered child support, and student loans are the exception to this rule, they will not be required to obtain a judgment prior to seeking garnishment. Creditors will have up to 20 years to collect the funds owed under a judgment. See Florida Statute 55.081.

What assets are protected from creditors in Florida?

How long can a garnishment last in Florida?

Florida's garnishment statutes provide that a bank garnishment “times out” after six months unless the judgment creditor files a notice of extension for an additional six months.

How does garnishment work in Florida?

Here are the rules: A creditor can garnish 25% of your disposable income or the amount by which your disposable income exceeds 30 times federal minimum wage, whichever is less. In Florida, if your disposable income is less than 30 times federal minimum wage, your wages can't be garnished at all.

How do you keep money from being garnished?

What type of bank accounts Cannot be garnished?

Bank accounts solely for government benefits

Federal law ensures that creditors cannot touch certain federal benefits, such as Social Security funds and veterans' benefits. If you're receiving these benefits, they would not be subject to garnishment.

What happens if you have a Judgement against you in Florida?

What Happens If You Have a Judgment Against You in Florida? After a judgment is entered against you, the judgment creditor can garnish your bank account and wages, require you to reveal all assets belonging to you, and place a lien on any non-homestead property.

How long can a creditor collect on a Judgement in Florida?

A judgment is good, and can be enforced, for up to 20 years. That seems like a long time, and it is. A judgment is good for 10 years and Florida allows a creditor to “renew” a judgment before the expiration of the 10 years for an additional 10 years, thus giving a judgment almost unending life.

Can you have more than one garnishment at a time in Florida?

If you are subject to more than one garnishment, the total amount of garnishment that can be made against you is limited to 25% of your income. In Florida, the state laws for garnishment are the same as the federal laws for garnishment.

Is Florida a debtor-friendly state?

Yes, Florida is a debtor-friendly state. Florida has the strongest homestead exemption in the entire country. In addition, Florida's tenants by entireties exemption allows a married debtor to protect joint assets from separate debt.

What can creditors take in Florida?

If your take home pay is $217.50 or less per week, your wages are exempt. If you take home more than $217.50 per week, the creditor is limited to taking the lesser of 25% of your net wages or the difference between your net wages and $217.50 per week until the judgment is paid in full.

What are the limitations on debt in Florida?

The statute of limitations for debt in Florida is five years. A creditor has five years to sue you for the money you owe. Most debts are based on written agreements and the statute of limitations period for contract actions is five years.

Can a creditor take my car in Florida?

To be clear, in Florida, your vehicle may be taken by creditors to pay certain delinquent debts even though you have no car payment and own title to the vehicle free and clear. This process is referred to as levy in aid of execution and is carried out by the Sheriff's Office at the request of a judgment creditor.

How do I dissolve a writ of garnishment in Florida?

If the Garnishee fails to file an Answer within 20 days, you must serve, by mail a Notice advising the Defendant that a Motion to Dissolve the Writ of Garnishment must be filed within 20 days after the Notice was served on the Defendant. You must file a Certificate of Service (Law 820) of the mailing.

Can a creditor garnish a foreign bank account?

Offshore banks are not subject to U.S. state court jurisdiction. A court cannot enter a garnishment order against a bank situated outside the United States.

Can a creditor take all the money in your bank account?

If a debt collector has a court judgment, then it may be able to garnish your bank account or wages. Certain debts owed to the government may also result in garnishment, even without a judgment.

Can a debt collector freeze your bank account in Florida?

The first thing they would need to do is file a lawsuit against you for the debt, once they obtained a judgment, they can record that judgment and proceed with debt collection. One of the forms of debt collection is to freeze your bank account or garnish your bank account and the other form would be wage garnishment.

How can I avoid paying a Judgement in Florida?

A person can avoid paying a civil judgement with their earnings if they qualify as the head of household. The Florida statute defines earnings as wages, salary, commission, or bonus. Other types of earnings for labor have been held to also qualify for the head of household exemption.