Legal Question in Consumer Law in Florida

wage garnishment

Can a layer garnish wages for an old credit card debt?


Asked on 5/17/07, 6:30 am

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: wage garnishment

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Yes, a lawyer can garnish your wages for any debt after a judgment has been obtained subject to restrictions in Florida law. The amounts that can be garnished are set by both federal code and Florida law.

If you are the head of household, and earn less than $500.00 net per week, your wages cannot be garnished. If you are the head of household, and earn more than $500.00 net per week, then none of your wages for personal services can be garnished without your written agreement.

You must take several proactive steps if your wages are garnished to protect your monies. Florida is very protective of heads of households. I have defended several of these cases and have been successful each time. I would strongly suggest that you consult with an attorney if you are faced with this situation.

Scott R. Jay, Esq.

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Answered on 5/17/07, 10:23 am
Scott Behren Behren Law Firm

Re: wage garnishment

They can only do so if they have a judgment and even if so, there are limitations as to what if anything they can actually garnish.

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Answered on 5/18/07, 8:41 pm


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