Can Wages Be Garnished in Florida?
- Private financial institutions such as credit card companies must initiate a lawsuit to start the garnishment process. The lender may sue you for failing to make payments and breaching your original contract. Credit card companies must properly serve (or deliver) the complaint to you.
- If you do not respond to or answer the complaint, then they can move for a default judgment. With a default judgment, creditors can then move for a writ of garnishment. In the answer, you must admit or deny all of the allegations set forth in the creditor's complaint. You can also raise affirmative defenses in the answer.
- One defense for a lawsuit for defaulting on a loan is that the statute of limitations has run out. The statute of limitations is a prescribed time period where aggrieved parties have to file suit before their claim against the other party expires. In Florida, the statute of limitation for credit card debt is four years. For a written contract, the statute of limitations is five years.
- If the creditor wins the lawsuit, the court will enter a judgment in favor of them. The judgment is typically an amount of money you must pay. Once the creditor has a judgment, if you still do not pay, the creditor can request the court to order your wages to be garnished. However, in Florida, there are several restrictions to wage garnishment.
- People who file as "head of household" on their tax returns cannot have their wages garnished in Florida unless they make more than $500 per week and consent to their wages being garnished. For individuals with no dependents, creditors can garnish their wages up to 25 percent or the difference of their weekly salary and 30 times the minimum wage, whichever is greater.
- Contact a qualified attorney licensed to practice in Florida to find out what rights and obligations, if any, you may have with regard to wage garnishment. Fewer protections apply for back taxes, student loans and child support debts.