Wage Garnishments & Lawsuits
Wage Garnishments & Lawsuits
What is Wage Garnishment:
If you are struggling financially and have defaulted on debt, your creditors can have your wages garnished. An employer typically takes 25% of your take-home pay. The percentage will vary depending on the type of the debt. This hefty chuck out of a paycheck can be detrimental to a family struggling to keep afloat and manage hard financial times. Over the past few years, Florida laws have changed to protect your rights and ensure struggling families stay out of debt and avoid losing their homes.
How Does Wage Garnishment Work:
Creditors enforce collection rights by suing defaulting debtors in court. After a lawsuit is filed, you can defend yourself. If you don’t fight back against the lawsuit a default judgment will be entered against you. If you are unsuccessful in defending yourself, a court order in favor of the creditor will be entered. This judgment lasts up to 20 years or until it is fully paid. Interest also accrues annually on this debt.
Once the employer has a judgement against you, they can obtain a writ of garnishment. This order will direct your employer to garnish your wages. Your employer is required to follow the court order. At Nardi & Nardi, P.A. our attorneys will assess your financial situation to determine if there are any valid objections to a wage garnishment order.
Bankruptcy Can Stop Wage Garnishments
Bankruptcy can help. Not only will filing a bankruptcy case stop many garnishment types, but it can erase other debts in the process.
Florida Law Provides Relief to Consumers:
Florida Statutes Section 222.11 provides exceptions from having wages garnished:
- Head of Household: Wages are exempt if the person who is the head of the family makes $750 or less in net wages per week. Disposable earnings of a head of a family, which are greater than $750 a week, may not be attached or garnished unless such person has agreed otherwise in writing. The agreement to waive must follow the language as set forth in the statute.
- Deposited Earnings: Earnings that are deposited in any financial institution are exempt from attachment or garnishment for 6 months after the earnings are received by the financial institution if the funds can be traced and properly identified as earnings.
Get the Guidance You Need
Talk to our experience Florida bankruptcy lawyers at Nardi & Nardi in order to discuss your particular situation and how Florida laws can protect you in a financial calamity. While filing for personal bankruptcy will trigger an automatic stay, it might not be the best and only solution for a debtor struggling to manage debt obligation. At Nardi & Nardi our attorneys will provide you with sincere and aggressive guidance on protecting your rights and the income of your family. Call us on (407) 478-0074, send us an email
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