Dissolution of a Writ of Garnishment in Florida

How do you dissolve a Florida writ of garnishment?

A creditor can serve a writ of wage garnishment on a debtor’s employer regardless of whether the debtor’s wages are exempt from garnishment. An employer can, and should, freeze wages upon being served with the writ. An employer is not liable for withholding wage payments that are later determined to be exempt from garnishment. The employer can withhold up to 25% of the debtor’s “take home” pay net of income tax and other mandatory deductions.

When a debtor discovers that his exempt wages have been garnished the first step is to file a motion with the issuing court a motion to dissolve the writ of garnishment on the grounds that the debtor is head of household. The motion should trigger the court to schedule a hearing on the exemption and garnishment. Complaining to the employer will not dissolve the writ, so it does not help the debtor to convince that employer the debtor is head of household.

After filing a motion with the court to start the hearing process, the debtor’s attorney can directly contact the attorney for the creditor and offer evidence that the debtor is head of household. Evidence can include the debtor’s federal tax returns that indicates that he has child dependents and that the debtor is the family’s principal wage earner. If this evidence clearly shows that the debtor’s wages are exempt most, but not all, creditor attorneys will voluntarily dismiss the wage garnishment writ. The attorney will file a dismissal with the court, the court will issues an order dissolving the garnishment, and once the employer receives the dismissal order the employer should resume paying the debtor his normal salary as well as give to the debtor any funds that were previously withheld. The debtor is not entitled to any interest on money withheld.

Some creditor attorneys or their clients are more aggressive, and they may insist that the debtor go to a court hearing to dissolve the garnishment regardless of evidence  first presented. A hearing gives the creditor an opportunity to challenge the initial evidence and pursue other evidence of financial support of the family from sources other than the debtor’s garnished wages.

The debtor’s wages will remain garnished until the time of the court hearing. The debtor and his attorney will present evidence at the hearing substantiating that the debtor is “head of household.”  The creditor may present its evidence contesting the exemption. Assuming the court orders that the debtor’s salary or wages are exempt, then that order would direct the garnishee employer to stop withholding salary and to forward to the debtor any funds already withheld.

In sum, just because a debtor is head of household and his wages are exempt from garnishment does not mean that he will not be subject to garnishment by a judgment creditor or that he may have to hire an attorney to prove his exemption before a judge.  The debtor’s experience depends upon whether  the creditor voluntarily dismisses the garnishment of exempt wages or whether dismissal must be pursued through a court hearing.

Page last updated on October 8, 2020

6 thoughts on “Dissolution of a Writ of Garnishment in Florida”

  1. I just want to thank you for all the information you have on your website. I just got out of homelessness a year and a half ago and had no money to hire a lawyer. I am also a veteran. Because of the information you shared I was able to do everything myself including typing up a motion to dissolve garnishment and fill out the claim of exemption. I just received a voluntary dismissal from the plaintiff today. I really owe it all to God, and your firm. I’m thankful there are people like you willing to share information like this to help people that are attacked by these ruthless creditors. At this point is there a likelihood of them trying again in the future or trying to go after my bank account? Granted everything is in my wife’s name now save the account my disability check goes into. Thanks again,

    Matt L

  2. What if a persons wages are being garnished and then after the garnishment has been in place for about 4 years now discovers that the complaint against them has no proof of debt, no contract or credit card statement, just a notice to the defendant was filed with the complaint. Am I still able to dispute the garnishment for lack of proof. 2 email have been sent asking for the documentation with no reply

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top