Wage Garnishment

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Wage Garnishment Attorney

Serving the Boca Raton & Port St. Lucie Area

Wage Garnishment occurs when a creditor takes legal action to seize a portion of your wages, bank account, or other assets.


In Florida wage garnishment cases, the creditor will contact your employer and have your employer deduct a specific amount from your paycheck each week, to pay creditor.


Luckily, there are steps you can take to prevent or stop wage garnishment from happening.

 

If you’ve been contacted by a creditor threatening to garnish your wages, or your wages are already being garnished, contact the Law Office of Robert A. Feldman to speak to an experienced wage garnishment attorney with locations conveniently located in both Palm Beach County and St. Lucie County

What Is Wage Garnishment?

When you owe a debt, sometimes the creditor will seek a court order asking your employer to take funds from your paycheck and send it directly to them. This is known as wage garnishment.


Different rules exist for different types of debt, and in some cases, creditors are not required to obtain a judgement to garnish your wages.


Some of the most common sources of wage garnishment include:

• Unpaid Child Support

• Unpaid Taxes

• Consumer Debt

• Student Loans

• Unpaid Tax Liens


Once a garnishment begins, it will continue until the debt is paid in full unless you take action to have the deductions stopped.

How Much Can They Take?

In Florida, up to 25% of your net income can be taken to pay off outstanding debt. The exact amount that can be garnished depends on your income, so each situation is unique.

In some cases, there may be legal protection that would prevent a creditor from garnishing your wages, because you don’t make enough for garnishment to be legal.

Obviously, Wage garnishment can have a severe impact on your finances during tough times and make it more difficult to feel secure.

In Florida, a creditor can garnish 25% of your disposable income, or the amount by which your disposable income exceeds 30 times the federal minimum wage. Whichever amount is less is the amount that is garnished.

Depending on the type of debt you have, the law allows for different amounts to be collected.


Child Support and Alimony - 50% of your disposable income if you are supporting another child or spouse; otherwise, up to 60%. If you are more than 12 weeks late in payments, an additional 5% may be taken.


Credit Card Debt, Medical Bills, Personal Loans, and Most Other Consumer Debt - Either 25% of your disposable income or the amount by which your weekly income exceeds 30 times the federal minimum wage, whichever is less.


Federal Student Loans – 15% of your disposable income


Taxes– Typically up to 15% of your disposable income. The IRS will determine the amount based on standard deductions and number of dependents.

WAGE GARNISHMENT FREQUENTLY ASKED QUESTIONS

  • How do you stop wage garnishment in Florida?

    A Chapter 7 or Chapter 13 case will put an immediate stop to a wage or bank account garnishment. In some cases, a head of household exemption may also stop a garnishment. However, the exemption will typically require a few weeks to take effect and the creditor will still be able to pursue other forms of collection, including future garnishments.

  • Will bankruptcy stop a wage garnishment?

    Chapter 7 or Chapter 13 bankruptcy will put an immediate stop to a wage or bank account garnishment. You will not have to wait for a court hearing, the garnishment will be stopped instantly when the bankruptcy is filed.

  • Can my wages be garnished without notice?

    Florida law only requires the lender to mail notice, it does not require they prove you received it. Therefore, most borrowers will not receive any notice until they see the money missing from their paycheck.

See More FAQs

Compassionate and Supportive… You’re Never Alone

We all know that stress can take a toll on your emotional wellbeing, and at the Law office of Robert A. Feldman, we understand the emotional toll debt and the financial stress it can cause takes on you and your family.


Our team is committed to providing compassionate support throughout the entire bankruptcy process, helping you move towards a brighter future. Speak to us today (561) 369-3655 or (772) 344-9044

What Our Clients Say

“Robert made the process very smooth and simple. He answered every question that I had and helped with each step to the fullest. I am very happy that my financial problems are now corrected, and I would rate the experience a 5 out of 5.”


Michael L

“I will be forever grateful to Mr. Feldman for helping me clean up some foolish mistakes that I made when I was younger. I will refer anyone I know who needs debt relief to use his services. Thank you for giving me a second chance to have financial freedom.”


Ernest D.

“I wanted to take the time to thank Mr. Feldman for everything he has done with my case. Throughout the process he was very easy to work with and always available to answer any questions I may have had. I would definitely recommend him to anyone looking for legal representation. Thank you, sir.”


Andre T.

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