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How to Stop A Wage Garnishment in Florida

DEBT SETTLEMENT ATTORNEY

Credit Card companies, creditors, and anyone that has a judgment against a debtor can take legal action to garnish your wages or bank account.  In the case of a wage garnishment, Florida law permits the creditor to take up to 25% of the debtor’s paycheck, per pay period.  Florida law also permits bank accounts and even safe deposit boxes to be garnished and “frozen” to satisfy a money judgment.

Garnishment occurs when a creditor takes legal action to seize a portion of your wages, bank account, or other assets. In wage garnishment cases, the creditor will contact your employer and have your employer deduct a specified amount of money from your check each week to be forwarded to the creditor.  Credit Card companies, creditors, and anyone that has a judgment against a debtor can take legal action to garnish your wages or bank account.  In the case of a wage garnishment, Florida law permits the creditor to take up to 25% of the debtor’s paycheck, per pay period.  Florida law also permits bank accounts and even safe deposit boxes to be garnished and “frozen” to satisfy a money judgment.

Wage garnishments can impact families and severely affect the household finances.  Yet, there are many ways to stop them without having to file for bankruptcy. Wage garnishments can be particularly devastating to debtors (borrowers) because the writ of garnishment is continuing. Therefore, a single writ of garnishment can continue to garnish wages until the full amount of the debt is paid. Fortunately, debtors in Florida do have many legal options to prevent or stop a wage garnishment. If you are threatened with a wage garnishment or your wages are already being garnished, contact us.

At the Law Offices of Jacqueline A. Salcines, PA, attorney Salcines has been assisting clients whose wages or bank accounts are garnished by legally stopping such garnishments.

The First step in fighting a garnishment is assess whether you qualify for any of the 12 exemptions permitted in Florida. They are:

 1. Head of family wages.

 2. Social Security benefits.

3. Supplemental Security Income benefits.

4. Public assistance (welfare).

5. Workers’ Compensation.

6. Reemployment assistance or 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.

Once the attorney is able to determine whether you qualify for an exemption, you must request a hearing.  At the hearing, we will prove to the Judge that you qualify for the exemption through evidence such as tax returns, bank statement, pay stubs, etc.

Wage garnishments and bank account garnishments impact lives.  We are here to help you.

We offer free phone consultations, and a no cost review of your case. Call us today. Tel. 305.669.5280 and see how we can help you.

About the Author: Jacqueline A. Salcines, Esq is the Owner and Managing Partner of the Law Offices of Jacqueline A. Salcines, P.A. Real Estate and Business Law Group. With over 20 years experience including holding a dual degree in Accounting, her broad knowledge of DEBT SETTLEMENT and GARNISHMENT LAW serves to aggressively protect and defend our firm’s clients, foreign investors, real estate buyers and sellers. Call us today to set up a free consultation to discuss your specific needs.

We are here for you! Main office 305 | 669 | 5280.

Or email the attorney directly: J.Salcines@Salcineslaw.com

TRUST | COMMITMENT | RESULTS

How to Stop A Wage Garnishment in Florida

JACQUELINE A. SALCINES, ESQ.

706 S. DIXIE HIGHWAY SECOND FLOOR CORAL GABLES, FL 33146

TEL. 305 669 5280 Email: J.Salcines@Salcineslaw.com

SOUTH FLORIDA DEBT SETTLEMENT LAWYERS

DEBT SETTLEMENT ATTORNEYS

You do not have to file for bankruptcy in order to get out of debt.

If you were recently sued for credit card debt and the bank or credit card company obtained a judgment against you, the next step may be to garnish your wages.

Once a judgment is entered in favor of the creditor, they have different options available to them to collect on the judgment, which is good for 7 years and renewable twice. Which means that a judgment can last for over 20 years.

A wage garnishment allows the judgment creditor to take up to 25% of your income, on every single paycheck to satisfy the debt.  The judgment will go incurring interest at the yearly rate permissible  by law and therefore, the garnishment could last for many years depending on the amount of debt.

Florida law permits however many borrowers to stop garnishments.  Florida law allows for certain exemptions, such as

  • Head of household

If you are the primary bread winner for the home and have dependents that rely on you for over 50% of their care, then your wages may be exempt from garnishment.

This requires a hearing on the Motion to Quash the Writ of Garnishment and evidence presented to the Judge to show you are head of household.

Many other exemptions exist in order to avoid a garnishment.

At the Law Offices of Jacqueline A. Salcines, we have been helping borrowers and stopping writs of garnishments for over 18 years.  Once the garnishment is stopped, we can work to negotiate the forgiveness of debt with each creditor separately so that the creditor does not try other means to collect on the judgment.

There is no need to file for bankruptcy.

 

At the Law Offices of Jacqueline Salcines, PA, our attorneys have over 18 years experience and extensive  knowledge on settling debt, defending lawsuits involving the collection of debt, and getting borrowers back on their feet, without the necessity of filing for bankruptcy.  We are here to help and protect your rights.

Allow us to go to work for you and negotiate your debt.

We offer free phone consultations, and a no cost review of your case. 

Call us today.   305.669.5280 and see how we can help you.


About the Author:

Jacqueline A. Salcines, Esq. is the Owner and Managing Partner of the Law Offices of Jacqueline A. Salcines, P.A. Real Estate and Business Law Group. With over 17 years experience including holding a dual degree in Accounting, her broad knowledge of DEBT SETTLEMENT serves to aggressively protect and defend our firm’s clients.

Call us today to set up a  free consultation to discuss your specific needs. We are here for you!

Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FL 33146
TEL. 305 669 5280

Email:  J.Salcines@Salcineslaw.com