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.
This client is unmarried and is not head of household. Florida law prohibits any amount of wage garnishment from head of household. There is a $750 per week wage garnishment ceiling applicable to debtors who are head of household. However, creditors can garnish wages of the head of household above $750 per week if the debtor has waived in writing his wage garnishment protection. Waivers have to be in a form set forth in the statute. Many banks include wage garnishment waivers in their loan documents.
Head of household debtors who have not signed written waivers enjoy unlimited wage garnishment exemption. Those debtors who are not head of household may have wages garnished up other ceilings that are provided by federal consumer protection laws.
So, there is a $750 garnishment ceiling, but it only applies to a defined group of judgment debtors who are head of household and who have waived the exemption.
Post updated on