DEBT RELIEF LAW CENTER
Attorney Jim Turner Can
Stop The Garnishment!
Garnishment is a legal order, typically pursuant to a final judgment, for collecting money on behalf of a judgment-creditor from a judgment-debtor. In most cases, a writ of Garnishment is served on the debtor's employer or financial institution ordering that a certain amount be withheld pending further order of the court.
Florida Statutes Section 222.11 exempts from Garnishment by a creditor 100% of the “earnings” of an individual who is “head of family” unless a person has agreed otherwise in writing. An additional requirement in order for the earnings to gain this exempt status is that the earnings must be “credited or deposited in any financial institution.” If these requirements are met, the earnings will be “exempt from attachment or Garnishment for 6 months after the earnings are received by the financial institution if the funds can be traced and properly identified as earnings.” If an individual is not a “head of family,” only 75% of the earnings will be exempt (assuming the other requirements are met).
Definition of Head of Family. The first, and more straightforward, issue to address is the definition of “head of household.” The Florida statute defines “head of family” as “any natural person who is providing more than one-half of the support for a child or other dependent.” The term dependent is not defined in the statute, however, case law has held that any moral obligation to support another may be sufficient to satisfy the “head of family” requirement. Given this broad definition, spouses, minor and adult children, parents, and other family members for whom you provide more than 50% of their support would clearly qualify as dependents.
For information on stopping a Garnishment, visit How Can I Stop a Garnishment?
Please contact me for a free consultation about Garnishment.
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