Wage Garnishment: Can Debtor Claim Head of Household Exemption in Advance of Garnishment
Some people have sent me emails asking how they can assert an exemption of their salary on the basis that they are head of household. Usually, these questions are sent by debtors owe money for general consumer debts such as credit cards or car repossessions. The readers typically want to know what they have to do to let their creditors know in advance that their wages are exempt from garnishment.
Florida law does not provide a procedure to register an asset exemption in advance of a judgment, with the exception of filing for the Constitutional homestead exemption. A creditor can try to garnish wages only after the creditor gets a court judgment. When the creditor serves a writ of garnishment on the employer the debtor/employee gets a notification on which he can assert an exemption. If the debtor believes he is head of household he states the exemption on the form and sends copies to the court and the creditor. The debtor is entitled to an expedited hearing to dissolve the garnishment at which he has to prove to the judge that he qualifies as head of household.
If a debtor is certain that he is head of a household and anticipates a judgment against him, the debtor or his attorney could write a letter to creditor asserting wage garnishment exemption and providing proof of head of household status. The advance letter could in some cases convince the creditor not to pursue wage garnishment.
If someone sent me a letter trying to claim the head of household exemption prior to a garnishment it would most likely result in a full-fledged depo in aid of execution. Better to pay 100/mo to avoid it all.
my wages are being garnished by bank of america voilating my rights as head of household with minor living the in fl since january 2008 to present and they have been notified of such meanwhile i can't pay my basic bills food.lights rent
My condo association recently took me to small claims court for the monthly condo fees that I havce not paid on a property that is going into foreclosure for not paying the mortgage payments. Now that the association has the judgment against me, can they now go to my employer and garnish my wages? In this situation, is wage garnishment likely or would they just put a lien against the property? Now that they have the judgment, can they garnish my wages and put a lien against the property at the same time? Can they take other action against me to recover the money such as seize the money in my checking account? Thanks.
Noah@ShortOnChange.com
http://www.ShortOnChange.com
i have a judgement held against me and i have a dependent that i take care of i make the money out of me and my girlfriend who does not make enough so i am the main support for our child what should i do to stop wage garnishments i bring home under 500 a week and can not afford to take care of my child if my wages where to be garnished
My wages are being garnished by the government for student loans even though i am head of household and i bring home less than 500 per wk.
I anticipate a judgement on an accelerated lease for a business I owned that went under. I have a small piece of raw investment property. What can I do and what can be done to me?
Child support has decided to take extra $30. out of my paycheck per week even though it wasn't court ordered to have it deducted in the first place. I did it for the convience and to have a proof of payment. Now because my Ex-wife got her math wrong, they (Child Support) says that I'm behind $1,400 and have helped themselves to our tax refund as well as the $30. per week. Also FL is threatening to suspend my license too.
A judgement was entered against me on a debt against a corporation and me personally. $125K at 12% interest/ year. The total 19 years later is now over $500K. A garnishment is being levied against my wages. This in addition to another court ordered payment of $300.00 per month and new alimony of $1200.00/month exceed an amount able to be paid. I have no Head of Household status and make more than $500.00 per week. I need help as I will not be able to pay all of these court ordered cost and keep my home. I am going to join the statistics.
i have a student loan that is garnishing my wages, i make less than 500$ a week and i support my fiance and myself, is there anything that i can do to stop the garnishment
In the state of florida can you have more then one garnishment of your income. I have a child support garnishment of 441.00 per month. My income net after ganishment is 2320.00. I also pay 650.00 in child support on top of the garnishment. My financial situation has fallen apart. Can't pay my car payment& credit cards.So after the child support I am left with 1670.00 per month. Rent,food,utilities,lawyer bills.a couple credit cards and a personel loan totaling 1650.00. I am left with 20.00 for what ever. Now can any credit card or auto loan company garnish my wages in the state of Florida? Thanks
I am head of my house whole and have two children. My wages are garnished due to a vehicle reposession. Can I be exempt from wage garnishment? I reside in Florida.
I am getting 15% wage garnishments taken out of my paycheck and I am head of household with 4 children and single. What can I do to stop it? The debt is Fed Student Loan 20 years ago.
Can a credit card company garnish social security disability payments for an unpaid debt?
How can I stop my garnishment. I have a credit debt. who's taking over $500.00 hunder dollars a month out of my pay check. leaving me with 400.00 to live on.
i have just had a 20,000 dollar judgement aginst me by a very crooked lawer he knows i am head of household in a 1income house with children can he garnish my check? i am liveing week to week hoping my paycheck comes i have 2 small children and try not to let the stress show but hard when you dont know if you can pay light bill or not because someone took your check
Anybody ever hear of ECMC? They specialise in student loan defaults and use Gestapo tactics to collect. How in the world did the federal government give power to these bottom feeders ? Is there anybody who has experiance dealing with them? THEY CAN GARNISH YOUR WAGES WITHOUT A COURT ORDER!
BEWARE!!!
where do you obtain these claim exemption forms to file and get a court date to let them know you cannot afford this garnishment? Please help
hello I need many article or Acts about "garnishment" in law of Canada and England and America.please help me . It is emergency. I am from Iran