Timothy J. Sierra, Attorney at Law Trusted Florida Bankruptcy Attorney Since 1987
Call Today For A Free Initial Consultation

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)


What to do if your wages are garnished (CNNMoney) By: Ellis, Blake.

No Comments

Leave a comment
Comment Information
  • "When I first came to the decision to file for bankruptcy, I had no idea where to start. I began researching attorneys on the internet and came across the information for Tim Sierra. Since he specialized in bankruptcy and had a lot of experience......"
  • The process of going through bankruptcy could be very overwhelming but Tim made me feel at ease and I felt that my needs were being taken care of. I truly feel that he had my best interests in mind and the lines of communication were always open....
  • "I had to file a Chapter 7 bankruptcy. I didn't know anyone who could refer someone so I took a chance and just looked on the Internet. I don't remember exactly why I chose Mr. Sierra, but I am glad I did..."
  • He was honest, straightforward, and hard-working. In my case I ended up with some extenuating circumstances and he handled the matter professionally even though I'm sure the work probably exceeded what he originally felt it would be....
  • I don't ever write reviews, and I had no prior relationship with Mr. Sierra. This review is simply being written as a service to others that Mr. Sierra is an excellent attorney and should be considered for your needs if you need one....
  • "I'm very happy to have been referred to Tim for my Chapter 7 filing. He was knowledgeable in his field and very responsive in replying to any questions or concerns I had. Tim was also very accommodating with meeting times..."
  • " I recently was in need of Mr. Sierra's services and I found him to be very understanding and helpful in my particular circumstance. He met with me and explained everything in full detail and also answered every question that I had....."
  • " I recommend Timothy Sierra a loyal and dependable lawyer. When you talk to him you feel that you are with a friend or a member of your family. Timothy is able to lead you in every step of the process. Good job Timothy."
  • " Bankruptcy is a private and personally devastating life event. Timothy Sierra and his assistant, Nancy, made the process as painless as possible. They kept in close contact via phone and email so I always knew what was happening in my case...."
More Testimonials
Email Us Today

Schedule A Free Initial Consultation To talk to an experienced Tampa bankruptcy attorney, call 877-492-7449 or fill out the form. All calls are returned within 24 hours.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

We Have Offices in Tampa, Riverview and Brandon For Your Convenience.

Tampa Office
118 South Rome Avenue
Tampa, FL 33606

Toll Free: 877-492-7449
Toll Free: 877-492-7449
Phone: 813-463-2256
Phone: 813-463-2256
Fax: 813-258-4746
Tampa Law Office Map

Riverview Office
6314 U.S. Highway 301 South
Riverview, FL 33578

Toll Free: 877-492-7449
Toll Free: 877-492-7449
Phone: 813-463-2256
Phone: 813-463-2256
Fax: 813-258-4746
Map & Directions

Brandon Office
305 North Parsons Avenue
Brandon, FL 33510

Toll Free: 877-492-7449
Toll Free: 877-492-7449
Phone: 813-463-2256
Phone: 813-463-2256
Fax: 813-258-4746
Map & Directions