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Debtors Rights In Florida: Claiming Your Exemptions From Judgments
Debtors Rights In Florida: Claiming Your Exemptions From Judgments

Tuesday, 05-Jul-2016, by Admin | 0 Comment(s)

Your wages

Florida head-of-family exemption

If a person makes $750 or less per week in net wages, and the person is a head of family, those wages are exempt from collection. A head of family is a person who provides more than one-half of the support for a child or other person. 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 you agree in writing to allow wages to be taken to pay the debt, and you make more than $750 in net wages per week, you will not get this exemption. If a head of family does not agree 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.

Federal law

All people, including those who do not qualify as a head of family, have the protection of federal law, which limits the amount of wages that can be garnished. Garnishment cannot exceed more than 25 percent of your net wages or the amount that you take home per workweek that is more than 30 times the federal minimum hourly wage, whichever is less.

Subject to these restrictions, a creditor can continue to garnish your wages under a continuing writ of garnishment until the judgment is paid in full.

Other exemptions

All professionally prescribed health aids used by you or your dependents are exempt from being taken by creditors. Other types of income, including Social Security benefits, worker’s compensation, unemployment benefits, disability benefits, veteran's benefits and retirement benefits are exempt from garnishment. Pensions, 401(k) plans, life insurance proceeds, college savings funds, medical savings accounts and earned income credits from your taxes are also exempt from collection.

 

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