Legal Question in Personal Injury in Florida

if someone is being sued in the state of florida for a automobile accident with boldly injury for 17,000 and a judgement is place upon the defendant what is the percentage that can be garnish from his paycheck ?. my son has to go to mediation and we can not afford an attorney so we pretty much think we will loose although the insurance co. is suing and we truly believe that this man just wanted to make some money. My son hit him in the back doing about 15 miles an hour he had dented bumper and now hes suing for disfigurement, loss of wages on and on and on. How much can be garnished


Asked on 9/09/09, 5:29 pm

3 Answers from Attorneys

Lesly Longa Longa Law P.A.

If your son had insurance at the time of the accident, call them and they will represent him in this matter.

Read more
Answered on 9/09/09, 5:34 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Your son should call his insurance company; they will represent his interests.

Read more
Answered on 9/09/09, 5:35 pm
Angelo Marino Angelo Marino Jr. PA

Wages of the head of a family are exempt from garnishment unless the person's net wages are more than $500 per week and the person has agreed in writing to allow wages to be taken to pay the debt. A head of family includes all persons who reside in Florida and who provide more than one-half of the support for a child or other dependent. Wages in a bank account that belong to a head of family retain their protection from being seized for six months even if the wages are mixed with money from other sources. If a head of family had not agreed in writing to allow the garnishment or attachment of wages, all the wages are exempt. You must file an affidavit with the court to declare your head of family status and protect your wages from being taken.

Persons who do not qualify as head of family will still have the protection of federal law which limits the amount of wages that can be garnished. If you take home less than 30 times the minimum wage per week, all of your wages are exempt. Otherwise, a judgment creditor can obtain 25 percent of your net wages under a continuing writ of garnishment until the judgment is paid in full.

The above information is provided without any representation that it is correct and there is no attorney client relationship.

Good luck. see www.ConsumerLawyerHelp.com

Read more
Answered on 9/09/09, 5:38 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Florida