๐ด Florida Wage Garnishment Laws & Collection Guide ()
๐ Collecting a judgment in Florida? Florida has some of the strongest debtor protections in the nation, including a significant “head of family” exemption. Understanding Florida’s unique wage garnishment rules is crucial for creditors in the Sunshine State. This guide covers everything you need to know as part of your Florida judgment collection strategy.
โ๏ธ What Is Wage Garnishment in Florida?
Wage garnishment in Florida allows judgment creditors to collect money from a debtor’s paycheck, but with significant limitations. Florida Statutes Chapter 222 provides one of the strongest wage protections in the country: the “head of family” exemption.
For judgment creditors working on how to collect a judgment, understanding Florida’s exemptions is critical. Our skip tracing services help locate debtors and determine if garnishment is viable.
Under Florida law, if a debtor is the “head of family” (provides more than 50% support for a dependent), their wages are 100% exempt from garnishmentโUNLESS they waive this protection in writing. This is one of the strongest debtor protections in the U.S.
๐ก Key Point: Florida judgments last 20 years (with proper renewal at 5 and 10 years). While wage garnishment may be difficult, other collection methods like bank levies may be more effective in Florida.
๐๏ธ When Wage Garnishment Works in Florida
- Non-Head of Family Debtors โ Single people without dependents can have wages garnished
- Written Waiver โ If debtor signed a written waiver of head of family exemption
- Child Support โ Head of family exemption does NOT apply to child support
- Federal Tax Levies โ IRS can garnish regardless of exemption
๐ฐ Florida Wage Garnishment Limits
For debtors who do NOT qualify for head of family exemption, Florida follows federal limits:
๐ข Standard Limit: 25% of disposable earnings
๐ต Protection: Amount exceeding 30ร federal minimum wage
๐ Florida Exemption Table
| Debtor Status | Maximum Garnishment | Notes |
|---|---|---|
| ๐ Head of Family | 0% (100% Exempt) | Unless waived in writing |
| ๐ค Non-Head of Family | 25% or 30ร min wage test | Federal rules apply |
| ๐จโ๐ฉโ๐ง Child Support | 50-65% | No head of family protection |
| ๐๏ธ Federal Taxes | Varies | IRS has broad powers |
โ ๏ธ Strategy Note: Because of Florida’s strong wage protections, creditors often find more success with bank account levies, non-exempt asset seizure, or judgment liens on real property. Our asset search services can identify alternative collection opportunities.
๐ Need to Determine if Garnishment Will Work?
Our employment verification and asset searches help Florida creditors plan effective collection strategies.
Order Research โ๐ Steps for Florida Wage Garnishment
- Obtain a Money Judgment
Get a Florida judgment or domesticate an out-of-state judgment. Florida courts include Circuit Court and County Court.
- Determine Debtor’s Status
Research whether debtor qualifies as head of family. If yes, wage garnishment likely won’t workโconsider alternative methods.
- Locate the Debtor and Employer
Our Florida skip tracing finds employer information.
- File Writ of Garnishment
File with the clerk of the court that issued your judgment. Pay required fees.
- Serve Employer and Debtor
Both must be properly served. Debtor has 20 days to claim exemptions.
- Debtor Response Period
If debtor claims head of family status, a hearing may be required.
- Collection Begins
If no valid exemption, garnishment proceeds at 25% of disposable earnings.
๐ Alternative Collection Methods in Florida
Given Florida’s strong wage protections, smart creditors often pursue multiple collection methods:
๐ฆ Bank Account Levy
Bank accounts can be levied. Head of family wages become non-exempt once deposited in a bank (after 6 months).
๐ Judgment Liens
Record your judgment to create a lien on Florida real property owned by the debtor.
๐บ๏ธ Skip Tracing in Florida
Florida’s large, mobile population presents skip tracing challenges. Our services cover the entire state:
๐๏ธ Florida Coverage
- Miami/South Florida โ Major population center
- Orlando/Central Florida โ Tourism and growth hub
- Tampa Bay Area โ West coast metro
- Jacksonville โ Northeast Florida
- Fort Lauderdale/Palm Beach โ Southeast coast
- Southwest Florida โ Naples, Fort Myers
๐ฏ Florida Debtor Investigation Needed?
20+ years helping creditors locate Florida debtors and identify the best collection approach.
Start Your Search โ๐ก๏ธ Understanding Head of Family
To qualify as “head of family” under Florida law, a person must:
- Provide more than 50% of support for a child or other dependent
- Dependents can include: children, spouse, parents, or others financially dependent
- No written waiver โ Must not have waived the exemption in writing
โ ๏ธ Legal Note: This is general information, not legal advice. Florida’s exemptions are complex. Our skip tracing for law firms supports attorneys handling Florida collections.
๐ Our Florida Services
๐ Skip Tracing
๐ผ Asset Research
๐ Ready to Collect Your Florida Judgment?
Get Started Today โโ FAQs
If a debtor provides more than 50% support for a dependent, their wages are 100% exempt from garnishment unless they waived this in writing.
Yes, if the debtor is NOT head of family, or if they waived the exemption. Child support and federal taxes can also be garnished regardless of status.
Bank accounts can be levied. Head of family wages deposited in banks may lose protection after 6 months.
20 years total with proper renewal filings at 5 and 10 years.
