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Nov 9, 2012 · First, the disposable earnings of the judgment debtor up to $750 per week are automatically exempt from garnishment. No exceptions. Second, all disposable earnings greater than $750 per week are exempt, unless the exemption is affirmatively waived by the judgment debtor in accordance with §222.11.
if an exemption from garnishment applies to you and you want to keep your wages, money, and other property from being garnished, or to recover anything already taken, you must complete a form for claim of exemption and request for hearing as set forth below and have the form notarized.
Nov 30, 2012 · Recently, the Florida Legislature amended F.S. § 222.11, the statutory exemption of an individual’s earnings from wage garnishment. The amendment of § 222.11 modified Florida’s wage garnishment exemption and afforded greater protection to debtors.
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- Waiving Protection from Garnishment
- Eral Law Governing 222.11 Exemption of Wages from Garnishment
- It’S A Lot, Isn’T It?
- If You Are Facing Garnishment, Let Us Help!
This part of the 222.11 exemption of wages from garnishment sets forth what earnings are. Basically, these are wages, commissions, salary, and even bonuses – cash ‘spiffs’ included – that you bring home as your pay for a job. Disposable earnings are what’s left over when all the withholdings required by law have been paid. Lastly, subsection C defi...
As for waiving protection from garnishment – DON’T DO THAT! There’s a lot of pressure to sign that waiver, oftentimes involving threats of lawsuits and other inducements. Again, the exemption of wages from garnishment is there to make sure that you can take care of your family, though the $750 barely covers anything in this modern world and needs u...
Subsection 1673 governs how much of a person’s wages may be garnished under 222.11 exemption of wages from garnishment even if you’ve signed a waiver (DON’T DO THAT!). The section was last amended in 1978 – the last century. The House and Senate really need to get on the stick.Then again for half of the senate and house 1978 is not history, but cur...
Even with the law broken down into bite sized pieces, it can be a lot to put together. When you’re facing garnishment you need the best legal help you can get, and sometimes that help may include a bankruptcy. The B word scares people when it shouldn’t because when you’re hemmed in on all sides, a personal or business bankruptcy can give you the br...
Our firm and lawyers are among the best, and we’ve been helping with compassion for over a decade. We know that there are hundreds of reasons that people get into debt, and that it’s shame that keeps people from getting the help they need until they’re way over their heads. Let us help you before it gets that far! Since 2009, Van Horn Law Group has...
In Florida, a creditor can garnish either 25% of your disposable income or the amount by which your income exceeds the federal minimum wage by thirty times – whichever is less. In this state, if your income is less than thirty times the federal minimum wage, garnishment is not permitted at all.
IF AN EXEMPTION FROM GARNISHMENT APPLIES TO YOU AND YOU WANT TO KEEP YOUR WAGES, MONEY, AND OTHER PROPERTY FROM BEING GARNISHED, OR TO RECOVER ANYTHING ALREADY TAKEN, YOU MUST COMPLETE A FORM FOR CLAIM OF EXEMPTION AND REQUEST FOR HEARING AS SET FORTH BELOW AND HAVE THE FORM NOTARIZED.
Notice to individual defendant for claim of exemption from garnishment; procedure for hearing.