Discover Florida regulations that restrict the amount judgment creditors may deduct from your salary.
The amount that a creditor may take, confiscate, or “garnish” from your salary to settle your obligations is limited by Florida law. The wage garnishment rules of Florida, sometimes known as “wage attachments,” usually reflect the federal wage garnishment regulations. However, in Florida, there are numerous exclusions that may restrict a creditor’s power to garnish your earnings. Creditors with judgments may generally only collect up to 25% of your salary, and only if your wages satisfy a minimal standard. However, creditors might take more for certain sorts of debts.
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What Exactly Is a Wage Garnishment?
A “wage garnishment” or “wage attachment” is a court or government agency order served on your employer. It requires your company to deduct money from your wages and transmit it straight to your creditor.
Different regulations apply to different forms of debt, and there are legal restrictions on how much of your salary may be taken.
In Florida, when may a creditor garnish your wages?
Most creditors will not be able to acquire a wage garnishment order unless they first obtain a court judgment indicating that you owe the creditor money. For example, if you fall behind on credit card payments or owing a doctor’s bill, your income cannot be garnished unless your creditors first file a lawsuit, win, and get a money judgment against you.
However, there are several exceptions if you owe:
Unpaid income taxes, court-ordered child support and arrearages, and defaulted federal student loans are all examples of debt.
In many cases, your earnings may be garnished without the creditor having to go to court to get a judgment.
Wage Garnishment Limits in Florida
The amount of money that may be deducted from your paycheck is limited by federal law. The concept is that you should have enough money left over to cover your living expenditures. Because Florida has not enacted greater limitations, federal law rules in the state. Here are the guidelines:
A creditor has the authority to garnish 25% of your disposable income or the amount by which your disposable income exceeds 30 times the federal minimum wage, whichever is smaller. If your disposable income is less than 30 times the federal minimum wage, your pay cannot be garnished. (See Fla. Stat. Ann. 222.11).
Employers in Florida are permitted by law to charge you for complying with wage garnishment orders and deduct these costs from your paycheck.
Florida Exemption for Head of Family
If you are the head of the household and your weekly earnings are $750 or less, your wages cannot be garnished by a judgment creditor unless you consent to the garnishment in writing. You must provide more than half of the support for a kid or other dependant to qualify as head of family. (See Fla. Stat. Ann. 222.11).
This exemption is not automatic; you must apply for it by submitting an affidavit with the court when you are advised that a creditor plans to garnish your wages.
Child Support, Student Loans, and Unpaid Taxes Garnishment Rules
The government or a creditor may garnish your earnings without a court order if you owe child support, school debts, or taxes. The quantity that may be garnished varies as well.
Child Support Payments
Since 1988, all child support orders have included an automatic income withholding order. If you fall behind on child support payments, the other parent may seek a wage garnishment order from the court.
The amount that may be deducted from your paycheck for this sort of wage garnishment is limited by federal law. If you are presently supporting a spouse or kid who is not the subject of the order, up to 50% of your disposable wages may be taken to pay child support. If you do not support a spouse or kid, the government may confiscate up to 60% of your wages. For support payments that are more than 12 weeks late, an extra 5% may be withheld. (15 U.S.C. § 1673).
Student Loans in Arrears
If you are in arrears on a federal student loan, the U.S. Department of Education or any firm collecting for this agency may garnish your earnings without a court order, which is known as a “administrative garnishment.” The Department of Education may deduct up to 15% of your discretionary income, but no more than 30 times the minimum salary. 20 U.S.C. 1095a(a)(1) and 15 U.S.C. 1673).
Taxes owed
Even if you do not have a court order, the federal government may garnish your earnings if you owe unpaid taxes. The amount it may garnish is determined by the number of dependents you have and your deduction rate. (26 U.S.C. § 6334(d)).
States and municipalities may also garnish your salary to recover outstanding state and local taxes. To learn more, contact your state labor department.
Total Garnishment Amount
If you have more than one garnishment, the total amount garnished is restricted to 25% under federal law. (15 U.S.C. § 1673). For example, if the federal government is garnishing 15% of your earnings to settle delinquent student loans and your employer obtains a second wage garnishment order, the employer may only take 10% of your earnings to pay the second creditor.
Job Termination Restrictions Due to Wage Garnishments
Complying with wage garnishment orders might be inconvenient for your employer, and some may be tempted to fire you rather than comply with the order. In this circumstance, both state and federal law protect you.
If you have one wage garnishment, federal law bars your employer from firing you, but it does not protect you if you have more. (15 U.S.C. § 1674). A local attorney should be able to assist you on Florida’s legal rights.