individuals who are extremely deep in debt may face ongoing anxiety and considerable fear. Many creditors will be looking to take advantage of various anxiety and stress that accompany your debt and they may get you to agree to garnish your wages if you do not pay. Is the process of garnishing wages legal under Florida law?
There is a legal process involved for wage garnishment and a creditor needs to be able to follow through if they haven’t sued you first. If the creditor is able to successfully sue you and obtained a judge’s order for garnishment, this is one way that they can collect your debt. Unless you’ve been served with these legal papers it’s likely that your wages are safe from this type of garnishment.
Even though you are safe from wage garnishment your credit report could continue to suffer if you are unable to repay the loan and this could lead to you being in a financial situation where it’s difficult for you to buy a house, rent an apartment or apply for a loan. If you receive a notice that a creditor is going to file a lawsuit against you, it’s important you contact a lawyer immediately.
The Exemptions From Garnishment
There are some exemptions from garnishment that could protect you and your family and your wages from creditors. Some of these exemptions need to be applied for through the court and you need to establish your role as the head of the family and its finances.
If you qualify for the status of head of household and your earnings are responsible for the financial stability of your family unit, it could be possible that you can remove the process of wage garnishment if you earned below a certain income threshold. The head of the family who earns less than $750 a week will not be subject to wage garnishment unless a formal contract is signed. If you are facing the threat of wage garnishment or your wages have been garnished improperly, contact us today!
This post was written by Trey Wright, one of the best bankruptcy lawyers in Tallahassee! Trey is one of the founding partners of Bruner Wright, P.A. Attorneys at Law, which specializes in areas related to bankruptcy law, estate planning, and business litigation.
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