Stop Wage Garnishment in Florida

Sarah Edwards | June 30, 2023

Edited by Hannah Locklear

It’s not uncommon to fall behind on your bills. Most everyone has been guilty of missing a few payments. However, if you don’t get control of the situation quickly, your creditors will start hounding you — and they won’t stop until they get the money you owe.

What starts as a few missed payments can lead to a debt lawsuit. The lawsuit's outcome may be a judgment that your creditors can use to garnish your wages. Wage garnishment takes a significant chunk of your income, impacting your ability to pay for other things, like food and rent.

In this article, we’ll explain how wage garnishment works in Florida, including laws, how to prevent it, and ways to stop it once it’s started.

Avoid wage garnishment through debt settlement.

The repercussions of wage garnishment in Florida

While the U.S. has federal regulations for wage garnishment, states can set their own limitations. Florida follows the national guidelines for wage garnishment but has additional protections available for people with dependents, like children. Under Fla. Stat. Ann. § 222.11, the state limits creditors’ wage garnishments to the lesser of:

• 25% of the individual’s disposable earnings.
• The amount the individual’s disposable earnings exceed thirty times the federal minimum wage of $7.25 hourly.

However, heads of a family can ask for a special exemption from wage garnishment. Under the exemption, someone who provides more than half the support for a dependent can exclude up to $750 weekly from wage garnishment. However, they must specifically claim this exemption.

Florida law defines disposable earnings as income from labor after mandatory withholdings, such as federal taxes.

Let’s consider an example.

File a Florida claim of exemption to stop wage garnishment

Some types of income are exempt from wage garnishment in Florida, such as:

• Head of family wages
• Social Security benefits
• Supplemental Security Income benefits
• Public Assistance (welfare)
• Workers’ Compensation
• Unemployment Compensation
• Veterans’ benefits
• Retirement or profit-sharing benefits or pension money
• Life insurance benefits or case surrender value of a life insurance policy or proceeds of annuity contract.

If any of these wages are being taken from you, try filing a claim of exemption form to stop wage garnishment.

Let’s consider another example of a head of household facing wage garnishment in Florida.

Most states don’t allow for an exemption for a head of household earner like Florida does. If you’re a resident of Florida and a creditor wins a debt judgment against you, see whether you qualify for the head of household exemption.

Alternatives to wage garnishment in Florida

It’s essential to keep one thing in mind: Creditors can only garnish your wages if they win a debt lawsuit against you. They can’t arbitrarily reach out to your employer and ask payroll to fork over a chunk of your income without a court order. Thus, your first step is to protect yourself from legal claims.

If you receive notice of a pending debt lawsuit, don’t ignore it. You’ll need to respond to the notice with a formal legal document known as an Answer. An Answer lists why you believe you don’t owe the debt or why the lawsuit is unfair. Your Answer protects you from a default legal judgment, which your creditors will ask the judge for if you don’t resolve your debt.

Drafting and filing an Answer doesn’t have to be so complicated. Use SoloSuit’s Debt Answer template to get started.

After you file your Answer, you’ll want to resolve the debt before your court date. You can either pay it or attempt to arrange a debt settlement.

Repaying the debt in full stops any further legal activity from your creditor. Why? Because there’s nothing left to sue you for. You’ll move on from the debt, and your creditor will drop the lawsuit against you.

However, sometimes repaying the debt in full isn’t an option, especially if you don’t have a big savings account. In that case, debt settlement is likely the better alternative.

Avoid wage garnishment in Florida through debt settlement

In a debt settlement, you offer the creditor a one-time lump-sum payment for a fraction of the obligation. In exchange, it agrees to relinquish its claims to the remaining amount of the debt and drop the lawsuit.

Debt settlement is beneficial to both you and your creditor. Your creditor will receive most of the amount you owe and avoid the administrative hassles of court and wage garnishment. You’ll save money and satisfy your debt without a legal judgment in your public records.

Watch this video to learn how to settle your debt in Florida:

SoloSettle, powered by SoloSuit, is a tech-based approach to debt settlement. Our software helps you send and receive settlement offers until you reach an agreement with the collector. Once an agreement is reached, we’ll help you manage the settlement documentation and transfer your payment to the creditor or debt collector, helping you keep your financial information private and secure.

Don’t let debt spiral out of control

Unfortunately, there are no magic tricks that make debt disappear. You're stuck with your creditors until you repay or otherwise satisfy the obligation. If you stop making payments on your debt, you can expect creditors to up the ante on their collection efforts and possibly sue you.

Fortunately, you have options. Try to arrange a settlement or repayment before going to court. That way, you’ll avoid a legal judgment against you and wage garnishment, which will only worsen your financial problems.

If you’ve already lost a debt lawsuit and your creditor threatens to garnish your wages, see whether you qualify for the head of household exemption. If you do, you can hold on to more of your wages while you try to satisfy the debt.

Do you need help settling a debt in Florida? SoloSettle is at your service!

What is SoloSuit?

SoloSuit makes it easy to fight debt collectors.

You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.

SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

How to answer a summons for debt collection in your state

Here's a list of guides for other states.

All 50 states.

• Alabama
• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• Florida
• Georgia
• Hawaii
• Idaho
• Illinois
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Missouri
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• Vermont
• Virginia
• Washington
• West Virginia
• Wisconsin
• Wyoming

Guides on how to beat every debt collector

Being sued by a different debt collector? Were making guides on how to beat each one.

• Absolute Resolutions Investments LLC
• Accredited Collection Services
• Alliance One
• Amcol Clmbia
• American Recovery Service
• Asset Acceptance LLC
• Asset Recovery Solutions
• Associated Credit Services
• Autovest LLC
• Cach LLC
• Cavalry SPV I LLC
• Cerastes LLC
• Colinfobur
• Covington Credit
• Crown Asset Management
• CTC Debt Collector
• Cypress Financial Recoveries
• Delanor Kemper & Associates
• Eagle Loan of Ohio
• Educap
• Estate Information Services
• FIA Card Services
• Forster & Garbus
• Freshview Solutions
• Fulton Friedman & Gullace LLP
• Harvest Credit Management
• Howard Lee Schiff
• Hudson & Keyse LLC
• Integras Capital Recovery LLC
• Javitch Block
• Jefferson Capital Systems LLC
• LVNV Funding
• Mannbracken
• Mariner Finance
• Medicredit
• Michael J Adams PC
• Michael J Scott
• Midland Funding LLC
• Mullooly, Jeffrey, Rooney & Flynn
• Mountain Land Collections
• MRS Associates
• National Collegiate Trust
• Nationstar Foreclosure
• Northstar Capital Acquisition
• NCEP LLC
• NRC Collection Agency
• OneMain Financial
• Palisades Collection LLC
• Pallida LLC
• Paragon Revenue Group
• Pinnacle Collections Agency
• PMAB LLC
• Portfolio Recovery Associates
• Provest Law
• PYOD LLC
• Reunion Student Loan Finance Corporation
• Revenue Group
• Regents and Associates
• RSIEH
• Salander Enterprises LLC
• Second Round Sub LLC
• Security Credit Services
• Sherman Financial Group
• Suttell and Hammer
• T-Mobile
• Transworld Systems
• Tulsa Teachers Credit Union
• UCB Collection
• Velo Law Office
• Velocity Investments
• Waypoint Resource Group
• Weinberg and Associates
• Wolpoff & Abramson

Win against credit card companies

Is your credit card company suing you? Learn how you can beat each one.

• Bank of America
• Capital One
• Chase
• Credit One Bank
• PayPal Synchrony Card
• SYNCB/PPEXTR
• Synchrony Bank
• Target National Bank
• Wells Fargo

Going to Court for Credit Card Debt — Key Tips

How to Negotiate Credit Card Debts

How to Settle a Credit Card Debt Lawsuit — Ultimate Guide

Get answers to these FAQs

Need more info on statutes of limitations? Read our 50-state guide.

Why do debt collectors block their phone numbers?

How long do debt collectors take to respond to debt validation letters?

What are the biggest debt collector companies in the US?

Is Zombie Debt Still a Problem in 2019?

SoloSuit FAQ

If a car is repossessed, do I still owe the debt?

Is Portfolio Recovery Associates Legit?

Is There a Judgment Against Me Without my Knowledge?

Should I File Bankruptcy Before or After a Judgment?

What is a default judgment?— What do I do?

Summoned to Court for Medical Bills — What Do I Do?

What Happens If Someone Sues You and You Have No Money?

What Happens If You Never Answer Debt Collectors?

What Happens When a Debt Is Sold to a Collection Agency

What is a Stipulated Judgment?

What is the Deadline for a Defendants Answer to Avoid a Default Judgment?

Can a Judgement Creditor Take my Car?

Can I Settle a Debt After Being Served?

Can I Stop Wage Garnishment?

Can You Appeal a Default Judgement?

Do I Need a Debt Collection Defense Attorney?

Do I Need a Payday Loans Lawyer?

Do student loans go away after 7 years? — Student Loan Debt Guide

Am I Responsible for My Spouses Medical Debt?

Should I Marry Someone With Debt?

Can a Debt Collector Leave a Voicemail?

How Does Debt Assignment Work?

What Happens If a Defendant Does Not Pay a Judgment?

How Does Debt Assignment Work?

Can You Serve Someone with a Collections Lawsuit at Their Work?

What Is a Warrant in Debt?

How Many Times Can a Judgment be Renewed in Oklahoma?

Can an Eviction Be Reversed?

Does Debt Consolidation Have Risks?

What Happens If You Avoid Getting Served Court Papers?

Does Student Debt Die With You?

Can Debt Collectors Call You at Work in Texas?

How Much Do You Have to Be in Debt to File for Chapter 7?

What Is the Statute of Limitations on Debt in Washington?

How Long Does a Judgment Last?

Can Private Disability Payments Be Garnished?

Can Debt Collectors Call From Local Numbers?

Does the Fair Credit Reporting Act Work in Florida?

The Truth: Should You Never Pay a Debt Collection Agency?

Should You Communicate with a Debt Collector in Writing or by Telephone?

Do I Need a Debt Negotiator?

What Happens After a Motion for Default Is Filed?

Can a Process Server Leave a Summons Taped to My Door?

Learn More With These Additional Resources:

Need help managing your finances? Check out these resources.

How to Make a Debt Validation Letter - The Ultimate Guide

How to Make a Motion to Compel Arbitration Without an Attorney

How to Stop Wage Garnishment — Everything You Need to Know

How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)

Defending Yourself in Court Against a Debt Collector

Tips on you can to file an FDCPA lawsuit against a debt collection agency

Advice on how to answer a summons for debt collection.

Effective strategies for how to get back on track after a debt lawsuit

New Hampshire Statute of Limitations on Debt

Sample Cease and Desist Letter Against Debt Collectors

The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah

West Virginia Statute of Limitations on Debt

What debt collectors cannot do — FDCPA explained

Defending Yourself in Court Against Debt Collector

How to Liquidate Debt

Arkansas Statute of Limitations on Debt

Youre Drowning in Debt — Heres How to Swim

Help! Im Being Sued by My Debt Collector

How to Make a Motion to Vacate Judgment

How to Answer Summons for Debt Collection in Vermont

North Dakota Statute of Limitations on Debt

ClearPoint Debt Management Review

Indiana Statute of Limitations on Debt

Oregon Eviction Laws - What They Say

CuraDebt Debt Settlement Review

How to Write a Re-Aging Debt Letter

How to Appear in Court by Phone

How to Use the Doctrine of Unclean Hands

Debt Consolidation in Eugene, Oregon

Summoned to Court for Medical Bills? What to Do Next

How to Make a Debt Settlement Agreement

Received a 3-Day Eviction Notice? Heres What to Do

How to Answer a Lawsuit for Debt Collection

Tips for Leaving the Country With Unpaid Credit Card Debt

Kansas Statute of Limitations on Debt Collection

How to File in Small Claims Court in Iowa

How to File a Civil Answer in Kings County Supreme Court

Roseland Associates Debt Consolidation Review

How to Stop a Garnishment

Debt Eraser Review

Do Debt Collectors Ever Give Up?

Can They Garnish Your Wages for Credit Card Debt?

How Often Do Credit Card Companies Sue for Non-Payment?

How Long Does a Judgement Last?

​​How Long Before a Creditor Can Garnish Wages?

How to Beat a Bill Collector in Court