T Breslin
- Thread Starter Tony1009
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Proserpina
Moderator
Well, honestly Tony? They've already gotten the judgment against you. They're going to do whatever it takes to retrieve their money.
Now, have you googled to see if any of the funds are/were specifically exempt? SSI/SSDI?
Now, have you googled to see if any of the funds are/were specifically exempt? SSI/SSDI?
Betty3
Well-Known Member
Florida follows the Federal law on wage garnishment except if head of household, 100% of wages are exempt in Fl. from general creditor garnishments - ie credit cards) The exemption would not apply though to such things as child support.
Proserpina
Moderator
OP should look at this. http://www.floridabar.org/tfb/TFBCo...f1bc20015cfdb2e985257408005290ed!OpenDocument
And OP also needs to understand that once the wages hit the bank account, all bets are off. It is no longer a wage garnishment.
And OP also needs to understand that once the wages hit the bank account, all bets are off. It is no longer a wage garnishment.
Betty3
Well-Known Member
However,
Under current Florida law, if your wages or bank accounts are going to be garnished, after a judgment has been entered, you will not receive any notice until after the wages have already been withheld or, a hold placed on your bank account. The judgment creditor must send you a copy of the writ of garnishment, a copy of the answer filed by your employer or bank and a notice telling you about your right to request that the court stop the garnishment or execution.
Of course, the debtor had to claim the exemption from wage/bank garnishment & qualify.
Under current Florida law, if your wages or bank accounts are going to be garnished, after a judgment has been entered, you will not receive any notice until after the wages have already been withheld or, a hold placed on your bank account. The judgment creditor must send you a copy of the writ of garnishment, a copy of the answer filed by your employer or bank and a notice telling you about your right to request that the court stop the garnishment or execution.
Of course, the debtor had to claim the exemption from wage/bank garnishment & qualify.
Betty3
Well-Known Member
http://archive.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0077/SEC041.HTM&Title=->2006->Ch0077->Section%20041#0077.041
Florida statute 77.041
State and federal laws provide that certain wages, money, and property, even if deposited in a bank, savings and loan, or credit union, may not be taken to pay certain types of court judgments. Such wages, money, and property are exempt from garnishment.
claim exemptions from garnishment under the following categories as checked: _____ 1. Head of family wages. (You must check a. or b. below.)
_____ a. I provide more than one-half of the support for a child or other dependent and have net earnings of $500 or less per week.
_____ b. I provide more than one-half of the support for a child or other dependent, have net earnings of more than $500 per week, but have not agreed in writing to have my wages garnished.
_____ 2. Social Security benefits.
_____ 3. Supplemental Security Income benefits.
_____ 4. Public assistance (welfare).
_____ 5. Workers' Compensation.
_____ 6. Unemployment Compensation.
_____ 7. Veterans' benefits.
_____ 8. Retirement or profit-sharing benefits or pension money.
_____ 9. Life insurance benefits or cash surrender value of a life insurance policy or proceeds of annuity contract.
_____ 10. Disability income benefits.
_____ 11. Prepaid College Trust Fund or Medical Savings Account.
_____ 12. Other exemptions as provided by law.
Florida statute 77.041
State and federal laws provide that certain wages, money, and property, even if deposited in a bank, savings and loan, or credit union, may not be taken to pay certain types of court judgments. Such wages, money, and property are exempt from garnishment.
claim exemptions from garnishment under the following categories as checked: _____ 1. Head of family wages. (You must check a. or b. below.)
_____ a. I provide more than one-half of the support for a child or other dependent and have net earnings of $500 or less per week.
_____ b. I provide more than one-half of the support for a child or other dependent, have net earnings of more than $500 per week, but have not agreed in writing to have my wages garnished.
_____ 2. Social Security benefits.
_____ 3. Supplemental Security Income benefits.
_____ 4. Public assistance (welfare).
_____ 5. Workers' Compensation.
_____ 6. Unemployment Compensation.
_____ 7. Veterans' benefits.
_____ 8. Retirement or profit-sharing benefits or pension money.
_____ 9. Life insurance benefits or cash surrender value of a life insurance policy or proceeds of annuity contract.
_____ 10. Disability income benefits.
_____ 11. Prepaid College Trust Fund or Medical Savings Account.
_____ 12. Other exemptions as provided by law.
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