Garnishment Of Wages Paid By Florida Company To Texas Resident
A lady residing in Texas emailed me about a judgment entered in a Texas court over 10 years ago. She works in Texas for an employer which has its main corporate office in Florida. The Texas creditor domesticated its judgment in Florida. The creditor had the Florida court issue a wage garnishment which the creditor served on the employer at its corporate office in Florida. The lady said that she is head of household as she is divorced and supports her minor child. She asked whether the creditor can garnish her wages in Florida as opposed to Texas where she resides, and whether she can take advantage of Florida laws preventing garnishment of head of household.
Florida law would apply to creditor attack on real estate located in Florida and owned by a non-resident. As to personal property, including wages, the applicable law is based on the debtor's residence; in this case, Texas. Because the debtor is not a Florida resident she cannot claim head of household exemption. Florida courts have held that the wage garnishment statute is designed to protect wages of people who are Florida residents at the time the wages were earned. The creditor can garnish wages at the employer's principal office in Florida. Otherwise, wages paid anywhere in the country by a Florida company would escape garnishment; such is not the intent of the statute.
posted by Jonathan Alper, asset protection and bankruptcy attorney, Orlando, Florida
I had a credit card when I was married. (It was only in my name. I divorced in 2001. About a year ago I received a document from a collection agency they wanted me to tell them how much I made at my job. They said they were going to garnish my wages. I let them know i was head of household, I have 3 minor children. I did not fill out the sheet. All I told them was that I was head of household. Yesterday I got a letter stating that they were going to garnish my wages and freeze my bank account for payment. They also said that they were going to have me sell my personal property. Can they do this without taking me to court?
Thank you,
Rhonda
lakeland, Florida