One of my clients this past month presented a question about exemption money he receives from his employer. The client is a w-2 employee, and he supports his family. The general rule is that his creditors cannot garnish wages because he qualifies as head of household under Florida statutes.
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Category Archives: Writ Of Garnishment
Garnishment of Business Debtor’s Merchant Credit Card Account
Small business that accept credit cards do so through bank “merchant account.” The bank processes credit charges through the business’s merchant account, and then it credits the charge amount less processing fees to the business’s bank account. The merchant account may be processed through a bank different from the business’s primary checking bank. Continue reading
Be Careful Not To Waive Exemption From Wage Garnishment
I would like to clarify the head of household exemption from wage garnishment. To often, clients assert during our consultations that they know their wages cannot be garnished because they are “head of household.” It’s not that simple because debtors can waiver their head of household protection in writing. Continue reading
Are Bonuses Always Exempt From Wage Garnishment?
Florida Statutes exempt from garnishment money paid to a debtor for personal services “whether denominated as wages, salary, commission, or bonus.” Sometimes a “bonus” is not really a bonus for personal services and is not exempt.
Writ Of Garnishment: Social Security Taken By Federal Regulatory Agency
One of my clients had a judgment entered against him by a federal regulatory agency. The client was retired. His main source of income was social security.
Florida Debtor’s IRA Garnished In Another State, Again
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I consulted with an asset protection client who was moving to Florida from Tennessee where he had previously set up an IRA with a bank’s investment department. I suggested that the client relocate the IRA to a Florida financial company or open an IRA with a national financial firm at its Florida office.
Garnishment Of Bank Accounts Opened Outside Of Florida
A person opens a bank account in a state other than Florida, and then he moves to Florida. The bank has Florida branches. If a creditor obtains a judgment against the same person the creditor would likely try to garnish the debtor’s bank account through a Florida writ of garnishment.
Writ Of Garnishment In Florida: How To Beat The Creditor
Many people are motivated to contact be because a creditor served a Florida writ of garnishment on their employer or bank account. One of their first questions is : “what should I do about the garnishment?”
IRS Can Garnish Part Of Social Secruity Check
Social security payments are exempt from garnishment under federal social security statutes. The IRS has collection remedies significantly more powerful than a creditor’s collection tools under state law.
Writs Of Garnishment Are Directed At Your Bank And Not At Your Bank Account
Judgment debtors frequently maintain multiple bank accounts at particular banks. Some accounts may be in the debtor’s individual name and subject to the creditor’s writ of garnishment. Other accounts may be exempt joint accounts, wage accounts, or even accounts in the name of a separate, non-debtor business entity for which the debtor has signature authority.