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 …

Administrative Wage Garnishment To Collect Student Loans

Jon Alper Writ Of Garnishment

A young attorney practicing in northern Florida wrote me to say that his wages were being garnished by the Department of Education to collect his law school student loans. The Department had not filed suit to collect the loan. He wants to know how they can garnish his wages without having procured first a money judgment and writ of garnishment …

Head of Household Wage Garnishment Exemption For Non-Resident Debtor

Jon Alper Writ Of Garnishment

Florida Statute 222.11 prohibits a creditor from garnishing the earnings of a debtor who qualifies as head of household. Florida residents working in another state are unable to enforce this garnishment exemptions in foreign state courts because the law does not permit debtors to export Florida’s exemptions. But, is the reverse also true? Can the resident of a foreign state …

$750 Wage Garnishment Ceiling in Florida

Jon Alper Writ Of Garnishment

Florida’s wage garnishment law is brief, but it can be complicated. I find that some people misunderstand the wage garnishment issues expressed in the Statute. A client asked me if there is a $750 limit on the amount a judgment creditor can take from his wages.

Garnishment of Debtor’s Expense Reimbursement Payments

Jon Alper Writ Of Garnishment

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.

Garnishment of Business Debtor’s Merchant Credit Card Account

Jon Alper Writ Of Garnishment

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.