Wage Garnishment Where Dependents Reside Outside Florida
The Florida Statutes protect from garnishment wages of a person who is head of household. The amount of wages protected is unlimited. A person is head of household if he provides more than 50% of the support of another person. The public policy of this statute is to protect dependents of the family's biggest wage earner. If wage garnishment were permitted against the person who supports a spouse or children, the theory goes, then the State of Florida and its taxpayers would be responsible to support the dependents of the debtor whose wages were subject to garnishment.
A new client presented the issue of whether the statutory protection against wage garnishment, designed to relieve Florida taxpayers of supporting debtor's dependents, applies where the dependent (in this case, the wife) was a permanent resident of another state. The question was whether both the wage earner debtor and the dependent both have to be Florida residents. When the dependent is a resident of a different state, the policy behind the statute would not apply.
I know of no case directly on this point. My opinion is that wage garnishment protection applies as long as the debtor is a Florida resident. The statute makes no reference to the residency of dependents and has no requirement that the dependents physically reside with the debtor. Attorney Alan Gassman, a very smart asset protection attorney in Tampa, holds the same opinion about this issue which means that it is probably correct.
Hello - It appears that you represent clients who have garnishments, but I was hoping that you could give me some advice as well. I just won a judgment on my ex fiancé who is notorious for not paying on his debts. It took me a year to get this judgment. I am afraid that he will not pay me the money - especially now that he's so angry for loosing. (his own fault though as he represented himself.) (Also, I did not feel that I was being unreasonable in my "demands", he was just angry because I left so he fought me on getting everything out of my name.) A friend of mine stated that her brother went through something similar and he had his wages garnished by his ex-girlfriend. My attorney told me (in the beginning of the suit) that this is not a possible option and my ex can simply elect not to pay me. Looking at this blog, it appears that he may be correct as he does have sole custody of his son. Do I have any recourse? The judgment is in Seminole County. (Granted it was just ordered but I know this man and I know he won't voluntarily pay this money.)
What good is getting a judgment if he does not have to pay? I worked very hard for my money and having to pay all my attorney's fees with possibly getting not money from my ex just doesn't seem fair to me.
We also have a credit card issue in where we had a joint card that he used to pay off his creditors as well as other purchases. He stopped paying on this as well and now the credit card people are coming after me. Even though I haven't paid off everything (yet) can I sue him for the money I have paid and the money still owing in small claims court? I still won't make it to what is due on the card as there is a $5,000 limit in the courts, but it's better then spending another year in court and thousands more in attorney fees. He's trashed my credit and I'm just trying to get my life back.
Any advice?
my friend lives in florida and called me crying saying capital one credit cards collection agnecy just called and told her they are going to garnish her wages in her next payroll which is in two weeks. is that legal in florida and if so how long does it take to get a judgement to garnish and will she go to court before any garnishment can take place.
I need to know what the law is pertaining to the wages of the spouse of head of household . Do they atack the spouses wages?
I was just informed by a collector that a wage garnishment judgment will be submitted to the HR of my company for 12% of my take home pay. In addition, the judgment will be reported on my credit bureau report and all of my other creditors will be notified.
How does it take for a creditor to get the judgment? Does it not take a court order for the judgment? Why would the collection agency notify all of my other creditors?
I have been working with a debt settlement company to pay off my creditors. I tried to deal with the creditors several times to lower rates and payments until I could afford to pay them more and they refused. Now that I have been working with a debt settlement company I have been putting my money into an account to pay them off as I get the money. I currently only have a couple thousand dollars saved and I am getting calls from one credit card company in particular that is threatening to garnish my wages unless I pay her by noon today. She has been calling to talk with my boss and wants to set it up immediately. I told her that I did not have enough yet, but was working on it. She stated that she was showing that I had a credit card that had $10,000 limit on it and I could use it to pay them off. I told her that I was not interested in starting another debt. She stated that unless I contact her by noon today she will contact my employer to setup the garnishment of my wages. What can I do? We are a small office and I don't want to lose my job over this and have the whole office talking. Can you give me any advice?
Hello. I am a Georgia resident, working in Florida. I am head of household. A Georgia creditor has a judgment against me. Can my salary be garnished by anyone? Also, who is considered to be a dependent? Is there an age limit for the child to be called a dependent? Thank you
I was just contacted by a company advising they would begin garnishing my wages if I couldn't pay them in full. I am a single mother and the only one working in my home to support us. Is there a law that will protect my paycheck from getting garnished?
A credit card company has filed a judgment against me. The amount is less than $5000. I live in Florida. Can they garnish my wages. I live alone and pay child support.
My husband and I tried to settle with a company and they garnished my wages. I never received anything stating this was going to happen. I live pay check to pay check to take care of my 3 kids. They could not garnish my husbands wages because is job is located out of town and they would not except it from out of state. What can I do to stop this or even cut down the amount that they are taking at this point I can not even pay my rent. Please help.
My wages are being garnished at 50%, but the judgement was for alimony not child support. Is this not too much?
I have had a previous lanlord enter a judgement againist me, and now she has had a writ of garnishment served to my employer. My employer has already withheld 25% of my wages. I am the head of household and have 2 minor children to support with no other source of income.I never signed anything to allow this garnishment, Is this legal?
Please Help If You can
Thank You
I just recieved a judgment and now a wage garnishment for 25% I am head of house hold and make less than 500 a week can they still garnish my wagws?
Recently I was sent in the mail a writ for wage garnishment from a Credit Union which I owe a car loan to. I am a single mother and make less than $500.00 a week. They are saying I am only entitled to $47.00 a week. Can they do this? I was not notified in anyway by them. According to Florida Statue 222.11 they cannot?
I am a single mom and a Wirt of garnishment was served to me on my bank account, can they garnish my income as well?
My situation sounds like the ones above. In April of this year I found out that my paycheck was being garnished 25% bi-weekly. I'm the head of household (myself and my young daughter). I had no idea about the motions against me because they were sending court documents to an adress that I lived at 7-8 years ago. My payroll dept told me that they said it would be 10 payment totalling the $2190. Now that the 10 payments are done, they just dropped the bombshell that I have another 9 months to go for interest and court fees. I wonder if I should contact the judge to see if she can review the case and help me out with this high amount. I don't know what to do. I can't support myself and my daughter with this little bit of left over income.
I thought this was why OJ moved to florida so goldmans couldnt get his money.In calif you could garnish but in fla no?I guess i was wrong.
Well!!! I have two old bad accounts that I haven’t been able to pay because of my income which I use for supporting my mother and my little brother. Couple months ago I was promoted and my pay went up 10% more which I will like to use this money to pay this companies. I live in Florida but they don’t have and current address on me neither a telephone number, but I know they have sent me court papers to my old address but my ex-landlord sends back to them because I don’t live there anymore. Can they still go after my paycheck? Can they freeze my bank account? These accounts are no longer with these companies, they probably are with the agencies but I don’t know how to locate this companies. thx
In February 2007 I purchased a vehicle from a buy here pay here. They had me sign a piece of paper stating they can garnish my wages if the vehicle is returned if I don't make payment arrangement with them. I'm paying twice what the vehicle is worth and at 30% interest too. I am a single mother of two and want to get out of this vehicle but fear they will garnish my wages if I return it. Can they do this? Garnish my wages? Take my paycheck? Freeze my bank account? What do I do?
How would a person that has a judgement against another person know if the person for whom the jusgement is against is the 50% wage earner? Can't you attempt to garnish the wages and let them figure out the defense?
I have a judgment from the state of California against an individual that is employed by a business that is in Florida. He is a single man without any dependents to support. Is he considered the head of household and will he be exempt from a wage garnishment in the state of Florida?
my friend lives in florida and called me crying saying capital one credit cards collection agnecy just called and told her they are going to garnish her wages in her next payroll which is in two weeks. is that legal in florida and if so how long does it take to get a judgement to garnish and will she go to court before any garnishment can take place.
ASSET PROTECTION - Learn it well.
The banking system is unsympathetic to those who owe debt. You need to learn
asset protection.
These same banks charge USURY interest rates anywhere from 9% to 32%.
Wage garnishments, liens, rights,warrants, attachments are contracts of adhesion, being one-sided, in not taking into consideration, circumstances that can make one literally destitute and put out-into the streets.
The laws need to be radically changed, but they won't because lawyers make the
laws, and make too much money from them. I use Barristers and other means to bypass a system that is inherently against the basic constitutional principle,
called " peace of mind ". I know all their tricks. It's ok to pay, but NOT in
a Bush-Economy.
I have a joint account with one of my friend. She wrote a check to a contractor about two years ago. The contractors did not show up for couple of weeks so she went to the bank and made a stop payment on the check. She left him message stating that she had made a stop payment on the check.
The contractors went to a check cashing place and cashed the check. About a week contractos showed up again and wanted to finish the job. She paid him everything full. After couple of weeks she received a letter from the check cashing place that she wrote a bad check. She explained them the situation that she made a stop payment because person did not do finish the job.
Anyhow making long story short. She was called for mediation SHe showed up and told them everything and explained I should not pay this. After about a year received a letter that there is a judgment against her and they are going to garnshed our joint account. Bank of America was a garnishee.
I filed a claim of expemtion on the basis of joint ownership as well as head of househols(she supports her mother and grandson). But judge denied the exemption.
Please advise what can I do. What are my options.
i have only ss and a small ira to make ends meet with around $10,000 in taxable income last year...but the attorney in a probate case wants her money now rather than payments...so she permanently attached my checking account for full payment and gave no required notice that is required legally.........get that! now i have to go to clerk of court and file a request with the judge to get this nonsense off because she had a disclosure hearing where she learned that i only had ss and a little ira money.............but that wasnt good enough...... if she puts a lein on my homestead property i will get advice to go bankrupt because that is all i have........
Well to answer most of your questions I did my research because I am suing a coworker of mine who hired my husband to do handy man stuff around the new home she purchased and when he finished the job she did not pay. and in the state of Florida Garnishments seems to be liked by all judges so you are clear
Two day after a received a letter from the plaintiff my wages were garnished. I an filed a claim of exeption and request for hearing. Can I win this case.
I was evicted from my old apartment and I had a judgment against me to pay the apartment complex. I just received my payroll stub and realized my wedges have been garnished. I was never informed that this would happen and I am head of household. What can I do to stop this, because I can’t pay the household bills. Can someone please tell me where to go and get help? I don’t know what to do..
I forgot to add. I live in the state of Florida.