If a creditor has won a court judgment against you in Florida, wage garnishment is one of the first tools they’ll use to collect. But Florida law places strict limits on how much of your paycheck a creditor can take, and one state exemption can protect your wages entirely. Here’s what you need to know.
Under federal law, a creditor can garnish the lesser of two amounts: 25% of your disposable earnings for that pay period, or the amount by which your disposable earnings exceed 30 times the federal minimum wage ($7.25/hour), which works out to $217.50 per week. Whichever number is lower is the maximum that can be taken. Disposable earnings are what remains after legally required deductions like federal and state taxes, Social Security, and Medicare. Voluntary deductions such as health insurance, retirement contributions, and union dues are not subtracted when calculating disposable income.
If your disposable income is less than $217.50 per week, your wages cannot be garnished at all under federal law. These limits apply to most consumer debts, including credit card judgments, medical bills, and personal loans.
Florida Statute 222.11 provides one of the strongest wage protections in the country. If you qualify as head of household, your wages may be completely exempt from garnishment. To qualify, you must provide more than half of the financial support for a child, spouse, or other dependent. The dependent does not have to be a minor and does not have to live in your home.
If you are head of household and your disposable earnings are $750 or less per week (approximately $39,000 per year), your wages are 100% protected. No creditor can garnish a single dollar. If your disposable earnings exceed $750 per week, your wages are still fully protected unless you previously signed a written waiver of the exemption. That waiver must meet strict requirements under Florida law: it must be a separate document attached to the loan agreement, printed in at least 14-point type, and include specific statutory language. If the waiver was buried in a loan contract or didn’t meet these formatting rules, it may be unenforceable.
The head of household exemption is not automatic. If a creditor obtains a writ of garnishment against your wages, you must file a Claim of Exemption with the court within 20 days of receiving the garnishment notice. If you miss that deadline, your wages can be garnished even if you fully qualify for the exemption. This is one of the most common and costly mistakes people make. You will need documentation to support your claim, including tax returns, pay stubs, and proof that you provide more than half the support for a dependent.
The limits above apply to consumer debts. Child support and alimony garnishments follow different rules entirely. Federal law allows up to 50% of disposable earnings to be garnished for support obligations if you are supporting another spouse or child, and up to 60% if you are not. If payments are more than 12 weeks overdue, an additional 5% can be added. Tax debts owed to the IRS or the state of Florida also follow their own garnishment rules and do not require a court judgment before garnishment begins.
If your wages are being garnished or a creditor has obtained a judgment against you, you have options. Filing the head of household exemption is the first step if you qualify. Negotiating a settlement or payment plan directly with the creditor can sometimes result in the garnishment being lifted. And filing for bankruptcy triggers the automatic stay, which immediately halts all garnishments. At Borell Law, we help Florida residents defend against debt lawsuits, challenge improper garnishments, and explore every legal option to protect their income.
This is general information, not legal advice. Every case is unique; consult your Florida debt attorney first.
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