Wage Garnishment Lawyer Deerfield Beach

Wage garnishment is a court process that directs an employer to withhold part of a judgment debtor’s salary or wages and pay the funds toward a judgment. Florida generally uses a continuing writ so withholding occurs as each paycheck becomes due until the judgment is satisfied or the court orders otherwise. Exemptions and federal limits may reduce or eliminate withholding. Call 561-265-1120.

A head of family under Florida Statutes section 222.11 is a natural person who provides more than one-half of the support for a child or other dependent. The claim should be supported with records showing the dependent relationship, household expenses, financial support, payroll, and other relevant facts. Call 561-265-1120.

Yes, they generally remain exempt unless the head of family agreed otherwise in a separate written waiver that satisfies the statutory requirements. Disposable earnings of $750 or less per week are fully exempt. A purported waiver, the underlying contract, the form used, and the circumstances of signing should be reviewed. Call 561-265-1120.

Florida’s statutory garnishment notice states that an individual defendant with a valid exemption should file the notarized Claim of Exemption and Request for Hearing within 20 days after receiving the notice. Copies must also be mailed or hand delivered to the creditor or its attorney and the garnishee or its attorney. Call 561-265-1120.

The creditor generally has eight business days after hand delivery or fourteen business days after mailing to file a sworn objection. If an objection is filed, the clerk schedules a hearing as soon as practicable. If no timely objection is filed, no hearing is required and the clerk must dissolve the writ and notify the parties. Call 561-265-1120.

A continuing writ directs the employer to periodically withhold the legally permitted portion of salary or wages as compensation becomes due. Withholding continues until the judgment is satisfied or the court orders otherwise. The writ remains subject to head-of-family protection, federal limits, satisfaction, bankruptcy, and other defenses. Call 561-265-1120.

A judgment creditor may obtain a writ directed to a bank holding money or property for the debtor. The bank may freeze funds and report them in a garnishee answer. Exemptions may apply based on account ownership and the source of deposits, including traceable wages, Social Security, retirement, veterans’ benefits, and other protected funds. Call 561-265-1120.

Social Security and Supplemental Security Income are generally protected from ordinary creditor garnishment by federal law. Qualifying retirement and pension funds may also be protected under Florida or federal law. Protection can depend on the debt, account type, source of funds, tracing, and statutory exceptions, so deposit records should be preserved. Call 561-265-1120.

A qualifying Chapter 7 or Chapter 13 filing generally activates the automatic stay and stops covered collection of a prepetition judgment, including ongoing wage and bank garnishment. Prompt notice should be provided to the creditor, employer, bank, and state court. Domestic support, taxes, repeat filings, and other exceptions require separate analysis. Call 561-265-1120.

Possibly. Amounts transferred to a creditor during the 90 days before filing may qualify as avoidable preferences when the statutory elements are met. The trustee may pursue recovery, and section 522(h) may permit the debtor to act under specific conditions when the trustee does not, the transfer was involuntary, the property was not concealed, and the recovered value could be exempted. Recovery is not automatic. Call 561-265-1120.