What to do about a writ of garnishment?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do about a writ of garnishment?

If I got a writ of garnishment. I’m head of household with 2 daughters; they are over 18 but still reside with me (they go to college). Also, I’m down to part-time hours at work.  Can I do something about the writ?

Asked on November 18, 2010 under Bankruptcy Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Yes, you can do something in Florida.  As head of household your wages are protected from garnishment unless you make over $500 a week and you agree to allow them to be garnished.  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. If it is your wages in your bank account as a head of household then they continue to be protected for six months even if the wages are mixed with money from other sources. If a head of household 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. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption