How To Stop Wage Garnishment In Florida
It is important to speak to a debt defense lawyer who can advise on whether you qualify for an exemption.
How to stop wage garnishment in florida. But if those exemptions don't apply, you have an option to stop florida wage garnishment by filing for bankruptcy. If the judgment being enforced is greater than 20 years old, you should make a claim of exemption to avoid or stop the garnishment. Your creditor can also garnish your bank account, which will cause tremendous inconvenience for you.
The exception to this is in cases where your wage garnishment is due to child support. You can argue during your court hearing that garnishment would create undue financial hardship by presenting evidence of a limited income. Determine whether grounds to object exist.
A key section of florida garnishment law that includes the procedural deadlines for the creditor and allows a judgment debtor to contest the garnishment is section 77.041. Florida wage garnishment defense attorney alberto hernandez p.a. Recommends calculating whether you meet the florida income exemption.
The time from the judgment until your wages are garnished may be very short. If the creditor or your employer has notified you of a wage garnishment, it is important to act as quickly as possible. The law firms that work for creditors are collection agencies that get paid a percentage of the collections.
The statute provides that a creditor seeking to garnish a debtor’s funds begins the garnishment process by filing a short motion with the court (“motion for writ of garnishment”) and paying fees and deposits to the clerk of court. Head of household exemption in florida: Wage garnishment laws differ from state to state, so make sure to do your research.
Wages can be garnished to pay child support, alimony, back taxes, or a judgment in a lawsuit. Filing for bankruptcy immediately stops florida wage garnishment through the bankruptcy automatic stay. Review the writ of garnishment to check for any procedural mistakes.
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