Wage Garnishment in Florida

Wage garnishment in Florida is governed by Chapter 77 of the Florida Statutes and the federal Consumer Credit Protection Act (15 U.S.C. §§ 1671–1677). A judgment creditor obtains a continuing writ of garnishment under § 77.0305 and serves it on the debtor’s employer. The employer then withholds a portion of the debtor’s earnings each pay period and remits the withheld amount to the creditor until the judgment is satisfied or the garnishment is dissolved.

Florida’s wage garnishment framework combines federal limits with state-level protections that can shield certain debtors entirely. The most significant state protection is the head of household exemption under § 222.11, which can exempt a qualifying debtor’s entire income from garnishment regardless of how much the debtor earns.

How Wage Garnishment Works in Florida

A creditor cannot garnish wages without first obtaining a court judgment. After the judgment is entered, the creditor files a Motion for Continuing Writ of Garnishment with the clerk of the court under § 77.0305. The clerk issues the writ, and the creditor arranges for service on the debtor’s employer.

Once the employer receives the writ, the employer must begin withholding the required amount from the debtor’s paycheck. The employer also files an answer with the court within 20 days confirming the debtor’s employment status, pay frequency, and current earnings. The creditor must mail the debtor a copy of the writ, the motion, and a Notice to Defendant with a Claim of Exemption form within five business days after issuance or three business days after service on the employer, whichever is later, under § 77.041. The writ of garnishment article explains the full procedural sequence that creditors must follow.

A continuing writ of wage garnishment remains in effect until the judgment is paid in full, the debtor’s employment with the garnished employer ends, or a court orders the garnishment dissolved. The creditor does not need to file new writs for each pay period.

How Much Can Be Garnished from Wages

Federal law under 15 U.S.C. § 1673 caps wage garnishment at the lesser of two amounts: 25% of the debtor’s disposable earnings for that pay period, or the amount by which the debtor’s weekly disposable earnings exceed 30 times the federal minimum wage ($7.25 per hour).

Disposable earnings are what remain after the employer deducts amounts required by law, including federal and state income taxes, Social Security, and Medicare. Voluntary deductions such as health insurance premiums, 401(k) contributions, and union dues are not subtracted when calculating disposable earnings.

At 30 times the federal minimum wage, the protected floor is $217.50 per week. A debtor earning less than $217.50 per week in disposable income cannot have any wages garnished. For a debtor earning $700 per week in disposable income, the creditor can garnish $175 (25% of $700), because that amount is less than $482.50 ($700 minus $217.50).

Florida follows these federal limits for most consumer debts. Different rules apply to child support obligations, federal student loans, and IRS tax debts, each of which permits higher garnishment percentages.

The Head of Household Exemption

Florida Statute § 222.11 provides the most powerful wage garnishment protection available to Florida debtors. A debtor who qualifies as head of household may exempt their entire earnings from garnishment by a judgment creditor. There is no dollar cap on this exemption. A head of household earning $2,000 per week receives the same protection as one earning $500 per week, provided the exemption has not been waived.

To qualify, the debtor must provide more than half the financial support for a child or other dependent. The dependent does not need to be a minor child. A debtor supporting an elderly parent, a disabled adult child, or a non-working spouse can qualify.

The definition of “dependent” for head of household purposes is broader than the IRS definition used for tax filing. A debtor may qualify for the garnishment exemption even if they do not claim the person as a tax dependent. The head of household exemption article covers the qualification requirements, documentation needed, and strategies for proving this exemption in detail.

Waiver of the Head of Household Exemption

The head of household exemption can be waived in writing. Many consumer loan agreements and credit card contracts include a head of household waiver buried in the fine print. If the debtor signed a waiver, the creditor can garnish wages even though the debtor supports dependents.

Florida courts have upheld these waivers when they are knowing and voluntary. A waiver signed years before any collection activity can eliminate the exemption when garnishment eventually occurs. Debtors should review their original loan documents carefully for any waiver language.

Claiming the Exemption

The head of household exemption is not automatic. A debtor must affirmatively claim the exemption by filing a Claim of Exemption with the court and serving copies on both the creditor and the employer within 20 days of receiving the garnishment notice.

If the creditor does not contest the claim within the statutory deadline—8 business days if hand-delivered, 14 business days if mailed—the writ is automatically dissolved and the employer must stop withholding. If the creditor does contest the exemption, the court schedules an evidentiary hearing where the debtor must prove qualification through documentation such as tax returns, pay stubs, W-2 statements, and evidence of financial support for the dependent.

In practice, many creditor attorneys will voluntarily dissolve a wage garnishment after reviewing documentation that clearly supports the head of household claim. Providing this evidence early and directly to the creditor’s attorney can resolve the garnishment without a hearing.

What Types of Income Count as Wages

The continuing writ of garnishment under § 77.0305 applies only to earnings paid by an employer to an employee as compensation for personal labor or services. This includes salary, hourly wages, bonuses, commissions, overtime pay, and similar forms of employment compensation. Florida courts have confirmed that commissions qualify as wages subject to a continuing writ.

Payments made to independent contractors are not wages for garnishment purposes. A creditor cannot obtain a continuing writ of garnishment against payments owed to a debtor working as an independent contractor. Instead, the creditor must serve a separate, one-time writ of garnishment each time it believes money is owed to the contractor.

A creditor likewise cannot obtain a continuing writ against rents owed to a landlord, accounts receivable owed to a business, or any other non-wage payments. Continuing writs are limited exclusively to wages, salary, and commissions.

Wages Deposited into a Bank Account

Exempt wages do not lose their protected status when deposited into a bank account. Under § 222.11(3), head of household wages deposited into a bank account remain exempt from garnishment for six months after the deposit date, provided the debtor can trace the funds back to exempt earnings.

The practical challenge is proving that the money in the account came from exempt wages. Commingling exempt wages with non-exempt income in the same account makes tracing more difficult. The most effective approach is maintaining a dedicated bank account that receives only direct deposits of exempt wages and is not used for any other deposits.

If a creditor serves a writ of garnishment on a bank holding the debtor’s deposited wages, the bank will freeze the account. The debtor must then file a Claim of Exemption and demonstrate that the frozen funds are traceable to exempt wages. Keeping pay stubs, bank statements, and deposit records organized in advance simplifies this process.

Wage Garnishment for Special Debts

Certain types of debts bypass the standard garnishment limits and do not require a court judgment.

Federal tax debts owed to the IRS can be collected through an administrative wage levy without a court judgment. The IRS determines the exempt amount based on the debtor’s filing status and number of dependents, and the remaining disposable income can be levied in full.

Child support and alimony obligations allow garnishment of up to 50% of disposable earnings if the debtor is currently supporting another spouse or child, or up to 60% if the debtor is not. An additional 5% can be garnished if the debtor is more than 12 weeks behind on payments.

Federal student loan servicers can garnish up to 15% of disposable earnings through an administrative wage garnishment process that does not require a court judgment, though the debtor must be given notice and an opportunity to request a hearing.

Out-of-State Wage Garnishment

Wage garnishment is generally governed by the law of the state where the court issuing the writ has jurisdiction. Florida residents who work remotely for out-of-state employers may face garnishment through another state’s court system, where Florida’s head of household exemption does not apply.

Florida courts have limited authority to apply Florida exemptions to garnishments issued by courts in other states. In these situations, the debtor may need to retain counsel in the other state to challenge the garnishment or assert any exemptions available under that state’s laws.

How to Stop a Wage Garnishment

Filing a Claim of Exemption is the most direct response to a wage garnishment in Florida. If the debtor qualifies as head of household or the garnished funds include exempt income such as Social Security or disability payments, claiming the exemption can dissolve the writ entirely.

Challenging the garnishment on procedural grounds is a separate option. Florida’s garnishment statutes are strictly construed, and creditors frequently make errors in the notice, timing, or documentation requirements.

Negotiating directly with the creditor can sometimes result in a voluntary dissolution of the writ in exchange for an agreed payment plan. Filing for bankruptcy triggers an automatic stay that halts all collection activity including wage garnishment, though bankruptcy carries significant long-term consequences.

Employer Obligations and Protections

An employer served with a continuing writ of wage garnishment becomes a garnishee with specific legal obligations under Chapter 77. The employer must withhold the required amount each pay period and remit it to the creditor. Failing to comply can expose the employer to liability for the full amount of the debt under § 77.081.

Federal law under 15 U.S.C. § 1674 prohibits an employer from firing an employee solely because the employee’s wages are subject to garnishment for a single debt. This protection does not extend to multiple garnishments. Florida law also permits the employer to charge the debtor a fee for processing the garnishment, deducted directly from the debtor’s paycheck.

Protecting Income Before Garnishment

Advance planning is far more effective than reacting to a garnishment after it arrives. The garnishment article discusses strategies for structuring income and accounts to minimize garnishment exposure.

For wage earners, maintaining documentation of dependent support sufficient to establish the head of household exemption is the single most important step, because the exemption can eliminate wage garnishment exposure entirely. Keeping exempt wages in a separate bank account facilitates tracing under § 222.11(3), and reviewing loan agreements for any waiver of the head of household exemption before signing prevents an unpleasant surprise years later. The Florida asset protection guide provides a broader overview of exemption planning across all asset categories.