Legal Question in Credit and Debt Law in Florida
I have a judgement against me for a little over $10,000. I am head of household. my wife stays at home with our 2 kids. My wages are being garnished for the past year for $125 per paycheck. We are now trying to buy a house and cannot because of this. They also told us that if I am the only one working to support my family that they cannot do this. I wanted to know if this is true and if so what do I do to have this stopped.
1 Answer from Attorneys
The wages of a head of household in Florida are exempt from garnishment by ordinary creditors, unless the worker has explicilty agreed in writing to allow a garnishment. I doubt you've done that, so you wages are exempt.
It's a matter of how you claim the exemption. You need to contact the HR person at your employer and tell them that your are claiming a "head of household" exemption to the garnsihment order. You should also tell the creditor that, in writing.
If that doesn't work, keep the pressure on, keep writing letters to your employer and the creditor. If it still doesn't work, you can go back to the court that entered the judgment and garnishment order.
When the garnishment was first put in place, you should have received paperwork allowing you to claim the "head of household" exemption.
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