Wage Garnishment in FLORIDA

Discussion in 'Credit Talk' started by knight, May 29, 2006.

  1. knight

    knight Member

    This is the law:

    WAGE GARNISHMENT EXEMPTION: Federal law applies [if head of household, 100% of wages are exempt]

    Does it mean if I am single that FL allows NO wage garnishments?!?!?!

    Thank you.
     
  2. missymo2

    missymo2 Active Member

    No, it doesn't mean that. Just means that federal law supercedes any state laws.
     
  3. knight

    knight Member

    So does FL allow WG, and do they need a written consent to garnish?
    Thank you
     
  4. missymo2

    missymo2 Active Member

    yes, they allow it. They would still need legal reasons to begin garnishment...but they can do it without your consent. Watch your bank accounts too...they can be cleared out quickly and with no notice.
     
  5. mouthpiece

    mouthpiece Active Member

    head of household

    In order to qualify as HoH I believe that you must provide more than 50 percent of another person's support. I believe it is the same test as that to file your federal taxes under HoH status.
     
  6. mouthpiece

    mouthpiece Active Member

    1. yes, and
    2. no, they need an easily-obtained court order
     
  7. camelot1

    camelot1 New Member

    If I am married and my spouse is not working, does that qualify me as head of household ?
     
  8. enigma

    enigma Well-Known Member

    Yes it does.
     
  9. enigma

    enigma Well-Known Member

    There has to be notice.
     
  10. enigma

    enigma Well-Known Member

    222.11 Exemption of wages from garnishment.--

    (1) As used in this section, the term:

    (a) "Earnings" includes compensation paid or payable, in money of a sum certain, for personal services or labor whether denominated as wages, salary, commission, or bonus.

    (b) "Disposable earnings" means that part of the earnings of any head of family remaining after the deduction from those earnings of any amounts required by law to be withheld.

    (c) "Head of family" includes any natural person who is providing more than one-half of the support for a child or other dependent.

    (2)(a) All of the disposable earnings of a head of family whose disposable earnings are less than or equal to $500 a week are exempt from attachment or garnishment.

    (b) Disposable earnings of a head of a family, which are greater than $500 a week, may not be attached or garnished unless such person has agreed otherwise in writing. In no event shall the amount attached or garnished exceed the amount allowed under the Consumer Credit Protection Act, 15 U.S.C. s. 1673.

    (c) Disposable earnings of a person other than a head of family may not be attached or garnished in excess of the amount allowed under the Consumer Credit Protection Act, 15 U.S.C. s. 1673.

    (3) Earnings that are exempt under subsection (2) and are credited or deposited in any financial institution are exempt from attachment or garnishment for 6 months after the earnings are received by the financial institution if the funds can be traced and properly identified as earnings. Commingling of earnings with other funds does not by itself defeat the ability of a head of family to trace earnings.
     

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