A court order to deduct part of your income from your paycheck is called a garnishment.There are some things you can do if you are told that your income is going to be taken.Even if the debt is valid, you can stop or reduce the amount.
Step 1: The statute of limitations can be checked.
When a claim is too old to be enforced is when the statute of limitations begins.The statute of limitations on a judgment is 20 years in Florida.If the judgment is more than 20 years old, you should make a claim of exemption.
Step 2: Check the amount due.
Make sure the total is correct.Until the debt is paid, a garnishment will be applied in Florida.You should make a claim of exemption to request the correct amount if the amount is incorrect.The amount of the judgment should be compared to the amount that is taken.Add the attorney fees that the creditor paid.This should be listed on the court.Add interest that has been accrued.You should know how much this is by the garnishment.
Step 3: Ensure there was a decision.
In most cases, a consumer creditor must go to court to get a judgement.If you weren't notified of the case against you in which the original judgment was ordered, you may be able to get the entire judgment set aside.If you think the judgment should be set aside, you should consult an attorney.It will vary from case to case.There are some debts that can be executed without a judgment.Defaulted student loans, child support arrears, and income taxes are included.
Step 4: Consider the status of the proceedings.
Any attempts at collection outside of the bankruptcy process is protected by the Federal Bankruptcy Code.With the help of the bankruptcy court, your attorney can give you options to stop the garnishment.You should make a claim for exemption in the court that issued the garnishment.
Step 5: Ensuring the income is not protected is important.
Certain wages can't be garnished by most creditor.Kid support, student loans, and taxes are exceptions.Public Aid and General Assistance Social Security and Supplemental Security Income are some of the types of income that are protected.
Step 6: You have to calculate your disposable income.
Most exemptions are based on disposable income.Determine your disposable income before applying the exemption.Subtract any mandatory deductions, like child support, FICA or federal withholding taxes, from your gross wages to calculate your disposable income.
Step 7: Determine if you meet the Florida income exemption.
Under Florida law, a creditor cannot take more than 25 percent of your disposable income or 30 times the federal minimum wage, whichever is less.If your disposable income is less than 30 times the federal minimum wage, your wages can't be garnished.50 percent of your wages can be used to pay child support.Up to 60 percent of your wages can be taken out to cover child support arrears.There are special rules for the collection of taxes.Depending on your location, filing status, number of dependents, and potentially other items, the amount can be garnished.Student loan garnishments cannot be more than 15 percent of your disposable income.The total amount of your income must be less than 25 percent.If your employer pays 10 percent of your wages to satisfy a creditor's order, you won't have to pay any more than 15 percent.
Step 8: Determine if you are a head of household.
If you give more than half of the support for a child or other dependent, your wages will not be taken away.If your wages are $750 per week or less, you can be eligible for the head of household exemption.If you provide more than half of a dependent's support, you still need to file an affidavit.The amount of your wages that exceeds $750 per week is what the creditor will be able to take from you.If you make $800 per week, the creditor will only be able to take $50 of your wages each week.The exemption isn't automatic.You have to file an affidavit with the court after receiving notification of the creditor's request to take your wages.If the head of household exemption applies, a creditor can only take your wages if you agree to it in writing.The definition of a dependent in Florida is broad and includes almost anyone you give half of their support to.This applies to both children and adult family members, as well as a former spouse who is paying alimony.
Step 9: Take a second to review your notice.
You must file your claim of exemption by the deadline in the paper you received.The creditor has five business days to send a notice to you after the writ of garnishment was issued.You have to file your claim of exemption within 20 days.
Step 10: You can search for forms.
Paper copies of exemption forms can be obtained from the clerk of court's office or from your local legal aid office.You must fill out and file an affidavit with the court if you want to make a claim.Instructions for filling out the forms can be included in your form packet.Before you fill out your forms, make sure you read the instructions carefully.
Step 11: You have to fill out the forms.
Information about the garnishment and the reasons your wages are exempt are required on the exemption forms.Your claim form and affidavit must be signed by a notarial public.Contact the clerk of court if you don't know how to find a notary.Some banks provide free notary services to their customers.Make two copies of your forms after you've signed them.One will be for your own records and the other for the creditor.You have to file the originals with the court.
Step 12: Go to the clerk's office.
You have to file the exemption forms with the clerk of the court that issued the writ.You may be able to mail the forms to the clerk instead of taking the trip yourself.If you want to know when the forms are received, use certified mail with returned receipt.You may want to take them to the clerk's office to make sure they are received in time if you are near the deadline.
Step 13: The creditor should be served.
You have to give the creditor legal notice that you have filed a claim of exemption.Your claim forms must be sent to the attorney's office if the creditor will be represented by an attorney.Your notice should include the attorney's name and address.Although you can get the sheriff's department or a private process serving company to serve your claim forms on the creditor, the easiest way to do this is to mail the copies to the attorney.
Step 14: Wait for a response.
The creditor has a certain amount of time to respond to your claim.The creditor has 14 days to respond to the claim.The creditor has 8 days to respond to your claim.The court will cancel the garnishment if the creditor does not respond to your claim of exemption.The facts contained in your claim and affidavit can be denied by the creditor.The court will hold a hearing if this happens.
Step 15: Attend the hearing.
You have to explain to the judge why your wages are exempt.The only issue at the hearing will be whether you are the head of your household, as you claimed in your forms.You won't be able to argue the validity of the debt.You should bring documents with you to court to prove what you said in your affidavit.You have to show these to the judge.If the judge finds that you qualify for a head of household exemption, the creditor can't take your wages.This doesn't mean the debt goes away, but the creditor must pursue other methods of having the judgment enforced.