Legal Question in Credit and Debt Law in Florida
Wage garnishment against single mothers
I owe an apt. complex 1100$. I offered to pay them 100$ per mo. (That's all I can afford. I have 2 kids). They told me that if I didn't give them around 300$ by the end of this month, they would garnish my wages and get into my bank account. Someone told me that because I'm a single mother they can't do that. Can they???
3 Answers from Attorneys
Re: Wage garnishment against single mothers
The State of Florida has an exemption in place against garnishment for the head of a household. Thus, if you are a single mother fully responsible for supporting a minor child, you are entitled to an exemption from garnishment. When the garnishment is filed, you must file a response to the garnishment claiming your head of household exemption. This is important because the failure to respond will work to waive your exemption claim.
Re: Wage garnishment against single mothers
they must first file suit, get a judgement make sure that you are not head of household supporting a minor child and jump through a lot of hoops. Start paying them the money and be consistent. If they sue you the amount owed will be reduced by your payments and you will be closed to being done with them.
Re: Wage garnishment against single mothers
If a judgment has been entered against you, the landlord can execute against your non-exempt assets. You would have the right to a hearing on a claim of exemption of your salary and bank account assets. It is up to you to assert the claims of exemption. If you have not yet been sued, then make the payments you can, and do default at the court hearing dates. Attend them and tell the judge of your financial plight. He amy order the payments. If not then do as suggested in the first paragraph. Even better consult with a competent atty so your rights are protected.