Legal Question in Employment Law in Florida

Your employer does not garnish your wages on its own. It is likely that there was a lawsuit against you and the other side won the lawsuit. The judge then would have signed an order directing your employer to withhold a portion of your paycheck. You would not be notified in advance that the judge is signing the order directing the garnishment. However, after a copy of that order is delivered to your employer, then you will receive a copy. At that time, you have 20 days to file in court an objection to the garnishment. In the meantime, during the 20 day period your employer will still continue to withhold money from your paycheck.

There are only a few reasons that you can object. One is if you have at least one minor child and you earn more than half of the household income supporting that child. If you file an objecton in court, the judge will schedule a hearing in the near future to determine if your objection is valid. If it is valid, then the garnishment will be canceled. If your objection is not valid, or if you do not object to the garnishment within 20 days, then the judge will enter an order directing your employer to keep withholding money from your paycheck until the total judgment is paid.

The garnishment may also be based upon a tax lien, if you owe taxes to the IRS or to the county. In that case, you do not file an objection in court. You have to file an objection with the tax agency. However, in this case, you should consult with a tax attorney as to your rights.