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 …

Head of Household Wage Garnishment Exemption For Non-Resident DebtorRead More

An individual creditor emailed me seeking advice about garnishing wages of the debtor who now resided in Florida. The creditor got a judgment from an Indiana court when the creditor and debtor both lived in Indiana. The debtor since relocated in Florida. The question was whether the debtor can assert Florida’s head of household exemption …

Head of Household Exemption Not Applicable When Employer Located Outside FloridaRead More

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.

$750 Wage Garnishment Ceiling in FloridaRead More

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 Debtor’s Expense Reimbursement PaymentsRead More

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.

Garnishment of Business Debtor’s Merchant Credit Card AccountRead More

I would like to clarify the head of household exemption from wage garnishment. To often, clients assert during our consultations that they know their wages cannot be garnished because they are “head of household.” It’s not that simple because debtors can waiver their head of household protection in writing.

Be Careful Not To Waive Exemption From Wage GarnishmentRead More

Many callers who have read my website discussions of wage garnishment have learned that Florida law prohibits the garnishment of wages earned by a debtor who is head of household. Many people mistakenly believe the wage garnishment exemption for head of household debtors is automatic.

Defending and Dissolving Wage Garnishment in FloridaRead More

Florida Statutes exempt from garnishment money paid to a debtor for personal services “whether denominated as wages, salary, commission, or bonus.” Sometimes a “bonus” is not really a bonus for personal services and is not exempt.

Are Bonuses Always Exempt From Wage Garnishment?Read More

I consulted with an asset protection client who was moving to Florida from Tennessee where he had previously set up an IRA with a bank’s investment department. I suggested that the client relocate the IRA to a Florida financial company or open an IRA with a national financial firm at its Florida office.

Florida Debtor’s IRA Garnished In Another State, AgainRead More