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How to handle garnishment of wages

Not making payments on time and failing to pay debts off can mean more headaches for American debtors. Millions of American debtors get their pay garnished, due to lack of payments on debts. However, garnishment can be avoided by taking action before it is too late.

Negotiate a payment plan with your creditor or the debt collecting firm. Tell them your financial situation and state a realistic amount you are able to pay each month. This will work in some situations, but creditors might decide otherwise, and still want to take part of your monthly wages; they usually have to get this approved in court, so you will have to right to contest it.

When a judgment is made on the garnishment, make sure the judgment was correctly entered. If the judgment is not correct then one should contact an experience attorney to set aside the judgment. Though if the judgment is correct one suggestion is to pay off the debt using a low interest rate loan.

There are cases, however, where creditors do not need a judgment to garnish wages, such as:

· Unpaid income taxes

· Child support ordered by the court

· Child support arrears

· Student loans that have defaulted

It is important to make sure, if your wages are being garnished that they are in accordance to law and especially those that live in Florida, the Florida state law on wage garnishment. There are limits to how much a creditor can garnish from wages in Florida. Here are Florida state limits on garnishment of wages: A creditor is allowed to garnish 25 % of disposable income, the wages left after an employer makes the required deductions by law (federal, state and local taxes, social security etc.), or by which your disposable income exceeds 30 times the state minimum wage. If your disposable income in Florida is less than 30 times the minimum wage then your wages cannot be garnished.

Florida law allows the head of a family to claims wages as exempt. Head of family includes any natural person who is providing more than one-half the support for a child or other dependent. A person who owns his or her own business cannot exempt funds distributed to himself or herself as wages.

Garnishment of wages is not something a debtor wants to have happen to them, not only does it add another problem to your debt issue, but it also causes a hassle for your employer who has to set up a garnishment on your wages. Law protects those who's wages are being garnished from getting fired from their jobs, however, Florida law allows for employer to charge a fee to employee for complying with garnishment orders.

If you find yourself in over your head with debt, call an attorney who can help guide you to a debt free life for you and your loved ones.

Works cited:

Florida Wage Garnishment Law | Nolo.com (Nolo.com)

http://www.nolo.com/legal-encyclopedia/florida-wage-garnishment-law.html

What to do if your wages are garnished (CNNMoney) By: Ellis, Blake.
http://money.cnn.com/2014/09/30/pf/garnishment-what-to-do/index.html?iid=SF_PF_River

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