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 from wage garnishment.
Answer depends upon the location of the debtor’s employer. If the debtor still works in Florida for the same employer he had worked for in Indiana, then the creditor can obtain a wage garnishment through the same Indiana court that issued the judgment. The debtor cannot export his wage garnishment protection to Indiana. If the debtor now works for a new employer in Florida, the Florida employer is not subject to a writ of garnishment issued in Indiana. The creditor has to domesticate the Indiana judgment in Florida in order to seek wage garnishment through the Florida court to execute the Florida judgment. The debtor could dissolve the Florida wage garnishment if he qualifies as head of household.