Garnishment

Can Child Support Be Taken from a Bank Account by a Judgment Creditor?

Suppose a person is subject to a relatively small money judgment owed to a credit card company. In this example, the judgment debtor receives monthly child support payments from her ex-husband. She accumulates the child support money in a separate bank account. She wants to know whether the deposited child…

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Can an Independent Contractor With 1099 Claim Head of Household Wage Garnishment Exemption?

A client wanted to know whether his commissions would be exempt from garnishment as head of household income even though the commissions were paid on a 1099 and the client was considered an independent contractor. What is the Head of Household Exemption? Florida Statute 222.11 exempts from garnishment any earnings…

Do You Have to Live in Florida to Claim Head of Household Wage Garnishment Exemption?

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…

Garnishment of a Joint Account When Funds Belong to Non-Debtor Owner

Under tenants by entireties law, a joint account between married couples is protected from garnishment resulting from a separate judgment against just one of the spouses. But what if the joint account is not tenants by entireties? Or, what if the account is jointly owned between unmarried family members (such…

Head of Household Exemption Does Not Require Dependent Tax Designation

Florida law exempts from garnishment earning paid to a debtor who is head of household. Head of household means that the debtor provides most of the support for another person whom the debtor is legally obligated to support. Taxpayers claim as a tax dependent people whom they financially support. Usually,…