Head of Household Exemption For Support of Adult Children

Jon Alper Writ Of Garnishment

My client is divorced and provides money to his former wife each month for child support. His ex-wife works but my client says his child support payment pays for most his child’s expenses. The child lives with their mother. The child is over 18 and in college. The client wants to know if his wages are exempt from a judgment …

Florida Court’s Garnishment of Account At Extraterritorial Bank

Jon Alper Writ Of Garnishment

Judgment debtors may want to open bank accounts at banks located exclusively outside of Florida in order to deter garnishment of their bank accounts after a judgment is entered. It is more expensive and time consuming for a creditor to transfer its Florida judgment to another state so that the foreign state’s court issue a writ of garnishment against accounts …

Court Says Independent Contractor Can Assert Head of Household Exemption

Jon Alper Writ Of Garnishment

Clients planning for asset protection sometimes debate whether they should work as an employee or as an independent contractor. Employee wages are subject to a continuing wage garnishment, but the Florida Statute 222.11 clearly exempts wages paid to one who is head of household. Payments to independent contractors may be garnished, but garnishment is more difficult because there are no …

Garnishment of Malpractice or Injury Claim After Resolution

Jon Alper Writ Of Garnishment

One of my clients has a claim against a physician for medical practice, but he also has money judgments against him arising out of commercial foreclosure during the real estate recession. He is considering settling his malpractice claim. He ask whether his judgment creditor can garnish the claims or the proceeds of a settlement. A personal injury or professional malpractice …

Fishermen Exempt From Wage Garnishment: Federal Law

Jon Alper Business Asset Protection, Writ Of Garnishment

Federal law wage garnishment rules are different than Florida’s rules and exemptions from wage garnishment. For instance, federal law permits garnishment of 15% of net wages without regard to any state exemptions. I just learned about a federal wage garnishment exemption I had never before encountered in asset protection work. Federal statute 46 USC 11109 protects fishermen from wage garnishment. …

Administrative Wage Garnishment of Head of Household Debtor

Jon Alper Writ Of Garnishment

A client called me for assistance dissolving a garnishment of his wages on the grounds that he is head of household in Florida. Florida statutes provide that creditors may not garnish wages of a Florida debtor who is head of household. The garnishment was initiated by a collection agent who had purchased a judgment in favor of the U.S. Small …

Can Financial Advisory Fees Be Exempt From Wage Garnishment?

Jon Alper Writ Of Garnishment

Some financial advisers are compensated for managing their clients’ money based upon a percentage of the clients’ securities portfolio. The typical adviser earns annually one percent of assets under management. One such financial adviser asked me last week whether his compensation based upon managed assets was exempt from garnishment under Florida head of household exemption from wage garnishment. The issue …

Mistakes Computing Federal Limits On Wage Garnishment

Jon Alper Writ Of Garnishment

One of my clients is facing wage garnishment by a judgment creditor because the client is not head of household. The amount that can be garnished from his wages is set forth by the federal wage garnishment law under Title III of the Consumer Credit Protection Act (CCPA). My client initial understanding of the federal garnishment limits was incorrect, and …

Garnishment of Bank Account Opened Outside of Florida

Jon Alper Writ Of Garnishment

You would think that debtors’ accounts at a national bank such as BOA or Wells Fargo may be garnished in any state where the bank maintains a branch. I expect most Florida courts would agree, and Florida judges would permit creditors to garnish accounts of Florida debtors held at national banks regardless of whether the debtors opened the account in …