Wage
Garnishment.

Collecting from the debtor's paycheck until you are paid

The debtor has a job. Every two weeks an employer deposits a paycheck, and every two weeks the debtor spends it on everything except your judgment. Wage garnishment is the court ordering the employer to send part of that paycheck to you instead, pay period after pay period, until the judgment is paid. For an individual debtor with steady employment, it is the most reliable collection tool Florida offers.

What wage garnishment is

Wage garnishment is a form of garnishment under Chapter 77 of the Florida Statutes in which the garnishee is the debtor's employer and the property reached is the debtor's earnings. Unlike a bank garnishment, which captures what is in an account on one day, a wage garnishment is continuing: the court issues a continuing writ of garnishment against salary or wages, the employer withholds the allowed amount from each paycheck and pays it to the court or the creditor, and the writ stays in force until the judgment, interest, and costs are satisfied.

How much can be withheld is set by federal and Florida law together. Federal law caps garnishment for ordinary debts at 25 percent of the debtor's disposable earnings, meaning pay after legally required deductions, or the amount by which weekly disposable earnings exceed thirty times the federal minimum wage, whichever is less. Florida adds a large exemption for a head of family: a debtor who provides more than half the support of a child or other dependent. If a head of family's disposable earnings are $750 a week or less, they cannot be garnished at all. If they are more than $750, they can be garnished only if the debtor agreed to it in writing, and then only within the federal cap. A debtor who is not a head of family is subject to the federal cap.

Why this matters to your judgment

A wage garnishment turns a judgment into an income stream. It requires no cooperation from the debtor, no search for hidden assets, and no sheriff. Once in place it runs automatically, and employers, who face liability if they ignore the writ, generally comply. For a judgment of modest size against an employed debtor, a garnishment can pay it off in a matter of months. For a larger one, it produces steady payments and, frequently, a negotiated lump sum from a debtor who would rather settle than explain the garnishment to a payroll department.

The head-of-family exemption is the limiting factor, and it must be handled correctly. The creditor must serve the debtor with the writ and a notice of exemption rights on the statutory schedule; the debtor who claims the exemption files a sworn affidavit, and the creditor can contest it at a hearing. Where the exemption applies, a wage garnishment is unavailable and the creditor looks to other assets. Where it does not, or where the debtor waived it in writing on the original agreement, the garnishment proceeds. Knowing which before serving the writ saves the cost of a garnishment that will be dissolved.

Just suppose

The following is an illustrative example, written to show how the process works. It is not a real client, a real matter, or a promise of any result.

Imagine you own a marine-electronics distributor in Jacksonville. A boat-repair business bought $29,000 of equipment on credit and folded. The owner had personally guaranteed the account, and you obtained a judgment against him. He has no business now, no real estate, and a bank account that was empty when you garnished it. What he does have, according to his fact information sheet, is a salaried position as a supervisor at a shipyard on the Northside, at about $1,600 a week in disposable earnings. He is single with no dependents.

Because he is not a head of family, the federal cap governs. Your counsel files a motion for a continuing writ of garnishment against salary or wages, the clerk issues it, and it is served on the shipyard's payroll office. The employer answers within twenty days confirming his employment and pay. Counsel serves the debtor with the writ and the notice of exemption rights; he files no claim of exemption, because he has none. The court enters an order directing the employer to withhold 25 percent of his disposable earnings, about $400 a week, and remit it. The garnishment runs for about seventy weeks, with interest and costs added, until the judgment is satisfied. Around week twenty, the debtor's lawyer calls to ask about a discount for a lump-sum payoff, which you consider on its merits.

How wage garnishment works in Florida

First, the employer must be identified, from the debtor's fact information sheet, a deposition, a credit application, or an asset search. Second, the creditor files a motion for a continuing writ of garnishment against salary or wages, and the clerk issues the writ. Third, the writ is served on the employer, who must answer within twenty days stating whether the debtor is employed and at what pay, and must begin withholding. Fourth, the creditor serves the debtor with the required notices, and the debtor has twenty days to claim an exemption; if one is claimed, the creditor may contest it and the court holds a hearing. Fifth, if no exemption applies, the court enters an order for continuing garnishment, and the employer remits the withheld amounts each pay period until the judgment is satisfied. A debtor cannot be fired for a single garnishment, and an employer who fails to withhold can be held liable for the amounts it should have paid.

Common questions

What is a head of family?

Under Florida law, a person who provides more than one-half of the support for a child or other dependent. A debtor who qualifies is exempt from wage garnishment if disposable earnings are $750 a week or less, and above that only if the debtor agreed to garnishment in writing. Many credit applications include that written agreement, which is why we review yours first.

How much can be taken from a paycheck?

For a debtor who is not a head of family, up to 25 percent of disposable earnings under the federal cap. For a head of family who has waived the exemption in writing, the same cap applies.

How long does the garnishment last?

Until the judgment, interest, and costs are paid in full, as long as the debtor remains employed by that employer. If the debtor changes jobs, a new writ is served on the new employer.

Can a self-employed debtor be garnished?

Not through a wage garnishment, because there is no employer. Payments from the debtor's customers can sometimes be reached by garnishing those customers, and other assets are pursued through levy and proceedings supplementary.

The discipline behind the result

Wage garnishment is the most dependable post-judgment tool against an employed debtor, and it depends entirely on serving the right employer with the right writ and following Chapter 77's notice rules. We do that, we assess the head-of-family question before we file, and we keep the garnishment running until you are paid. Call (813) 288-1881.