Florida Garnishment Law

Garnishment in Florida is the legal process a judgment creditor uses to collect money by directing a third party (an employer, bank, or anyone else holding the debtor’s property) to turn over the debtor’s assets. Chapter 77 of the Florida Statutes governs the procedure, and courts construe it strictly against creditors.

Florida provides some of the strongest debtor protections in the country. The head of household exemption shields qualifying wage earners from garnishment entirely, and tenants by the entireties ownership protects joint marital accounts from either spouse’s individual creditors.

How Does the Florida Garnishment Process Work?

Florida garnishment begins after a creditor obtains a money judgment. The creditor files a motion with the clerk, pays the required fees and deposits, and the clerk issues a writ of garnishment directed at the garnishee. Pre-judgment garnishment exists under § 77.031 but requires the creditor to post a bond equal to double the claimed amount and is limited to contract actions—not tort claims.

The garnishee must answer the writ by disclosing what it owes the debtor or holds on the debtor’s behalf. A bank reports the account balance at the time of service. An employer reports the debtor’s wages. The writ targets the bank or employer as an institution, not any particular account. Banks typically freeze every account bearing the debtor’s name, including joint accounts, business accounts where the debtor has signatory authority, and accounts holding entirely exempt funds.

The debtor receives notice and has 20 days to file a Claim of Exemption asserting that the garnished assets are protected under Florida law. Missing this deadline can waive the exemption. The creditor can then obtain a final judgment of garnishment directing the garnishee to pay over the funds. Filing a timely Claim of Exemption is the single most important step a debtor can take after receiving a garnishment notice.

A debtor who identifies procedural errors or exempt funds should respond to the garnishment quickly, since both the Claim of Exemption and the Motion to Dissolve carry separate 20-day deadlines.

What Are the Wage Garnishment Limits in Florida?

Federal law under the Consumer Credit Protection Act caps wage garnishment at 25% of disposable earnings or the amount by which weekly disposable earnings exceed 30 times the federal minimum wage, whichever is less. Wage garnishment in Florida follows these federal limits but adds stronger protections through the head of household exemption.

Under § 222.11, a debtor who provides more than half the support for a child or other dependent is completely exempt from wage garnishment when net earnings are $750 or less per week. Above that threshold, earnings can only be garnished with the debtor’s written consent. Higher limits apply for child support and alimony enforcement, and the IRS uses its own formula that can take a larger percentage than private creditors.

The percentage limits range from 25% for consumer debts to 65% for delinquent child support, with bank account garnishment carrying no percentage cap at all.

A continuing writ of garnishment under § 77.0305 directs the employer to withhold a portion of each paycheck until the judgment is satisfied or the employment ends. Continuing writs apply only to wages and salary—not to accounts receivable, rental income, or other non-wage payments owed to the debtor. A creditor trying to intercept non-wage payments must serve a separate writ each time. Whether independent contractors can claim the head of household exemption depends on whether their compensation qualifies as earnings for personal services under the statute.

How Does Bank Account Garnishment Work in Florida?

Bank account garnishment in Florida freezes the debtor’s entire account balance up to the judgment amount at the time of service. Unlike wage garnishment, there is no percentage cap—the full balance is at risk. The bank must perform an automatic review under 31 CFR Part 212 to identify and protect two months of directly deposited federal benefits, but all other funds are immediately frozen.

Head of household wages deposited in a bank account retain their exempt status for six months if the debtor can trace the funds to exempt earnings. Commingling exempt wages with non-exempt income makes tracing difficult and can destroy the exemption. Maintaining a separate wage account that receives only direct-deposited wages eliminates the tracing problem entirely. Accounts at internet-only banks are subject to the same garnishment rules, though the creditor must identify the correct entity to serve.

What Assets Can Be Garnished Beyond Wages and Bank Accounts?

A creditor can garnish accounts receivable, intercepting payments owed to the debtor by customers or other third parties. Non-wage garnishment is particularly relevant for self-employed debtors because it captures only what is owed at the moment of service and does not have a 25% cap.

Stocks and brokerage accounts can be garnished through writs directed at brokerage firms. Cryptocurrency held on exchanges is reachable through garnishment of the exchange as the custodial third party. Credit card processor garnishment targets business revenue by intercepting merchant account funds at the acquiring bank. A creditor can also serve a writ on any bank with a Florida branch and reach accounts that bank maintains in another state. The 2025 amendment to Chapters 56 and 77 extended garnishment to intangible assets wherever located.

LLC distributions are one notable exception. Florida’s LLC statute provides that a charging order is the sole and exclusive remedy by which a creditor of an LLC member may satisfy a judgment. A garnishment writ cannot intercept distributions from a properly structured multi-member LLC to its members.

What Income and Assets Are Exempt from Garnishment?

Florida exempts specific categories of income and assets from garnishment, but the exemptions are not automatic. The debtor must assert them by filing a Claim of Exemption within 20 days of receiving the garnishment notice.

Social Security benefits are absolutely protected from private creditor garnishment under 42 U.S.C. § 407, regardless of the amount. Exceptions exist for IRS tax levies, federal student loans, and child support enforcement. Other exempt categories include disability income, veterans’ benefits, Florida Retirement System benefits, workers’ compensation, unemployment compensation, retirement and pension funds, life insurance proceeds, and prepaid college trust funds. Child support deposited in a bank account receives protection based on judicial public policy rather than a specific statutory exemption.

Joint bank accounts present a distinct issue. When a garnishment targets an account held jointly with a non-debtor, the non-debtor’s funds should not be subject to the writ. The burden falls on the non-debtor to prove which funds belong to them. Married couples in Florida can protect joint accounts as tenants by the entireties, which shields the account from either spouse’s individual creditors under § 655.79.

What Are the Procedural Grounds for Dissolving a Garnishment?

Florida’s garnishment statute imposes strict procedural requirements, and any failure to comply can result in dissolution of the writ. Under § 77.041, the creditor must properly serve the debtor with notice documents within specific time limits. Under § 77.055, the creditor must serve the garnishee’s answer and a dissolution notice on the debtor. The writ itself must contain all required information and be properly issued by the clerk.

Under § 77.081, a garnishment writ automatically dissolves if the creditor does not file a motion for final judgment or dismissal within six months of filing. The creditor can extend this period for an additional six months with proper notice, but many creditors miss the deadline. Courts have consistently held that the six-month limitation is jurisdictional and cannot be waived.

A debtor whose exempt funds are improperly garnished may also have a common-law claim for wrongful garnishment. Florida courts have held that a creditor who garnishes an account knowing the funds are exempt, or who lacks probable cause to believe the funds are collectible, can be sued for damages. The leading case is Strickland v. Commerce Loan Company.

How Does Asset Protection Planning Reduce Garnishment Exposure?

Effective asset protection planning reduces garnishment exposure by structuring ownership before a claim arises so that fewer assets are reachable. Maintaining segregated accounts for exempt income preserves traceability. Tenants by the entireties ownership protects married couples’ bank accounts. Properly formed multi-member LLCs with charging order protection can shield business interests. Ensuring that head of household exemption documentation is current allows the exemption to be asserted promptly when a garnishment is served.