Garnishment: What Is Protected From Wage Garnishment For People Not Head of Household
I have had a few discussions during this past week about creditor's ability to garnish wages of judgment debtors who are not head of household and who do not qualify for Florida's wage garnishment exemptions. If you are not head of household the Florida statutes permit creditors to garnish your wages. Garnishment is limited to amounts otherwise provided by federal wage garnishment laws. Federal law permits garnishment of 25% of the debtor's net earnings.
One person asked me if voluntary contributions to company sponsored pension plans was deductible from gross wages for purposes of determining net wages subject to garnishment. I found a few court decisions which said that the wage garnishment statutes contemplate involuntary deductions from salary such as income taxes, union dues, or court order child support and alimony. Voluntary retirement payments would not be deductible for purposes of computing wages subjection to garnishment. Otherwise, debtors could maximize pension contributions as a means of avoiding wage garnishment and still keep the money for their future use.
posted by Jonathan Alper, asset protection and bankruptcy attorney, Orlando, Florida
I am curious if someone who signed a promissory note does not pay it. Does that mean I cannot legally take them to court and garish their wages. I do not know if this person is considered the head of household.
Great blog. I had an argument today about this very issue; obviously, it's a little rare for them to go from judgment, to writ, to collecting against your typical broke ass credit card debtor, but it's possible.
Good luck. PS I'm in your neighborhood if you ever want to get a beer.
Question? I am Head of Houshold, are dept collectors allowed to garnish federal income taxes (stimulus checks) ect...?
I am being sued in small claims court for a credit card debt. I am the only person in my home working. I am trying to keep the house paid, ultilies and food on the table. I tried to reason with them I can only afford $50 a month right now until my husband finds work but they insist I pay $300.00 a month or they will garnish my wages. I feel that I am being pressured give up my home in order to comply to their demands. The garnishment would make it impossible to pay the mortgage much less the ultities. Is there something I can do?
An interior designer by the name of Clayton Hargrave talked me into loaning him several hundred thousand dollars. He always has an excuse of why he cannot pay it back and always has some story about how he will get some money to make payments in a week or month, but he never comes through. He moved to Florida. Can I garnish his wages if he is single, not married and has no children. What if he marries, can I still garnish his wages?
I am a married woman in fl with 4 kids only person working can i claim head of household exemption