Legal Question in Credit and Debt Law in Florida

Re: Wage Garnishment

Both the Florida Constitution and Florida Statute offer a great deal of protection against a wage garnishment to the head of a household. Wages of less than $500.00 per week are protected. Wages in excess of $500.00 per week may also be protected under many circumstances. When a Writ of Garnishment is filed, you are supposed to be given the proper form to complete and swear before the Court as to accuracy in order to challange the writ.

It would be impossible to explain all of the intricacies of Florida law in this small space or time. This is a very serious legal matter. I strongly suggest that you meet with a qualified attorney who can advise you as to the proper actions to take in order to safeguard your wages. The fee you pay will be well worth the savings to you.

Scott R. Jay, Esq. 305-249-8000

Re: Wage Garnishment

The reply from Mr. Jay is accurate. In addition, if your wages are not subject to garnishment, the threats you received could comprise a violation of the Fair Debt Collection Practices Act. I,too, urge you to consult with a competent creditors' rights atty and have your rights protected. If the claim has not been reduced to a judgment, seek counsel as soon as possible.

Note, a creditor is not required to voluntarily reduce the debt or to accept a payment schedule.