Brevard Consumer Law CenterGarnishment defense
If your wages or bank account are being garnished, you may have options to address it. Florida law provides exemptions that can protect your income, and bankruptcy can pause many collection actions through the automatic stay.
Call (321) 223-1831 for a free initial consultation.
A creditor gets a judgment, then obtains a writ of garnishment. The garnishment order goes to your employer or bank. For wage garnishment, a portion of your paycheck is withheld. For bank garnishment, your account may be frozen. Understanding Florida wage garnishment laws is the first step.
Florida has a head of household exemption that can protect wages from garnishment if you provide more than half the support for a dependent. Florida wage garnishment exemptions may also protect certain income, including Social Security, disability, and retirement benefits.
Filing bankruptcy triggers an automatic stay that pauses most collection actions, including wage and bank garnishment. Chapter 7 or Chapter 13 may be an option depending on your situation.
Do not wait. The sooner you act, the more options you may have. Review the paperwork, check exemptions, and consider whether bankruptcy, negotiation, or a legal challenge is the right response. The office also handles debt collection defense.
Frequently asked questions
Possible options include claiming a Florida exemption, challenging the garnishment, negotiating with the creditor, or filing bankruptcy. The right response depends on the judgment, your income, and your household.
Filing bankruptcy usually creates an automatic stay that pauses most wage and bank garnishments. Some debts and court orders are treated differently, so review your situation with an attorney.
Social Security benefits are generally protected from most private creditors, but exceptions and account tracing issues can apply. Keep records showing where protected funds came from.