Florida's head-of-household protection is powerful but requires affirmative assertion -- you must file a claim of exemption within the garnishment proceeding. Many Miami workers fail to claim this protection and lose wages unnecessarily. Bankruptcy's automatic stay stops all garnishment immediately without requiring a separate claim.
Florida exempts heads of household from wage garnishment entirely. If you are not head of household, creditors can garnish up to 25% of your disposable earnings or the amount exceeding 30 times the federal minimum wage, whichever is less. Bank accounts are protected up to $1,000 under Fla. Stat. section 222.11, and head-of-household wages deposited into a bank account retain their exempt status.
Filing bankruptcy in the S.D. Fla. triggers the automatic stay which immediately stops all wage garnishment.
If wages were garnished within 90 days before filing, those funds may be recoverable as a preference payment under 11 U.S.C. section 547. File bankruptcy as soon as possible after garnishment begins to preserve this option.
| Debt Type | Can Garnish Wages? | How Much? |
|---|---|---|
| Credit cards / Medical bills | Yes (with judgment) | Up to 25% of disposable earnings |
| Child support | Yes | Up to 50-65% of disposable earnings |
| Federal student loans | Yes | Up to 15% of disposable earnings |
| Federal tax debt (IRS) | Yes | Varies based on exemptions claimed |
| State tax debt | No state income tax | N/A |
Florida exempts heads of household from wage garnishment entirely. If you are not head of household, creditors can garnish up to 25% of your disposable earnings or the amount exceeding 30 times the federal minimum wage, whichever is less. Bank accounts are protected up to $1,000 under Fla. Stat. section 222.11, and head-of-household wages deposited into a bank account retain their exempt status.
Yes. Filing bankruptcy in the S.D. Fla. triggers the automatic stay under 11 U.S.C. section 362, which immediately stops all wage garnishment.
If wages were garnished within 90 days before filing, they may be recoverable as a preference payment under 11 U.S.C. section 547.
In Florida, most judgment creditors can garnish wages. Common triggers include credit card judgments, medical debt judgments, and auto deficiency balances.
Florida exempts heads of household from wage garnishment entirely. If you are not head of household, creditors can garnish up to 25% of your disposable earnings or the amount exceeding 30 times the federal minimum wage, whichever is less. Bank accounts are protected up to $1,000 under Fla. Stat. section 222.11, and head-of-household wages deposited into a bank account retain their exempt status.
Florida protects head-of-household wages deposited into bank accounts. Other funds may be subject to levy with a $1,000 exemption.
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