Garnishment

Is Florida Debtor Subject To Wage Garnishment Served on Out of State Employer?

I have a client who lives in Florida where he works as a w-2 employee of a company located outside of Florida. The employer has no offices or retail locations in Florida. A creditor sued my client in a Florida court and obtained a Florida judgment. The creditor then domesticated…

Florida Court’s Garnishment of Account At Extraterritorial Bank

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…

Court Says Independent Contractor Can Assert Head of Household Exemption

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…

Garnishment of Malpractice or Injury Claim After Resolution

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…

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Fishermen Exempt From Wage Garnishment: Federal Law

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….

Does Dependent Adult Child Support Head of Household Garnishment Exemption

An attorney called me about one of their clients who is being forced to file Chapter 7 bankruptcy because his wages were garnished. The attorney said that the client supported an adult child living at home. The attorney asked whether the judge properly denied the debtor’s head of household wage…