Wage garnishment in Florida

Does your wife earn income? Are these debts in your name only, or both names?

I did some Google-ing and found this: Also, remember that there can only be one head of household in any family. In a two income marriage, the spouse who earns the most money will usually be considered the head of household and the person whose wages and other compensation qualify for protection under the wage exemption statute. The lower-earning spouse, regardless of how much money earned, will have their wages exposed to wage garnishment by their individual creditors

So, as I read it, if you earn more than your wife, then you can be considered head of household in Florida. Thus your salary would be exempt from wage garnishment. However, any debts your wife may have would make her subject to wage garnishment, if you are considered head of household.

I'm not an expert at laws, though, and I'm only trying to interpret what I read. Let's see if anyone else can offer some input.

My wife does not have any income. Most of the debts are in my name, but she has two credit cards in here name. Not sure why, but the banks gave her the accounts with no income. Go figure. The care payment was a joint account. So, if I understand this, she has no wages to garnish, and mine would be considered exempt as head of household. If this is correct, then at least it would give us some breathing room until we can work things out.

I hope to hear from someone who may have firsthand knowledge or a legal background on this.

Thanks

I might also suggest going to your local legal aide office.

I was sued by a CA in 2007 and went there for help since I was unemployed. I remember there was a pamphlet right there in the office that talked about your situation exactly. I just can't remember what all it said.

Find out where there is a legal aide office in your city and contact them for help or ask them if there are any publications they might be able to recommend to help you.

We are in this situation now. The junk debt collectors attorney filed a false affidavit claiming that my husband (his debt) opened an account that was obtained by them in '04. Original debt was HFC who closed it out in 2002. They claimed he was served (he was not), then followed up by doubling the amount of debt and claiming an open account thus reaging the debt, then getting a judgement against him (obviously without his knowledge) in 2006. Then, the attorney got a writ of garnishment against our joint bank account and froze my paycheck. He is unemployed and I have direct deposit. He did not have to show ANY real evidence of signatures, dates, whose money was in the account, nothing. Due to the judgement obtained by false affidavit in 2006, the judge granted the garnishment. We are left to prove in court the fact that it was exempt funds. Meantime all the money we have to live on is in limbo for the past two weeks and the bounced check fees are huge for auto debits.

My advice: check your local court records online for any legal actions on you and your spouse. Take steps to protect your money. You can open an account in just your name, move all but necessary to a savings account (they can't garnish savings I believe). Or open a LLC account which cannot be garnished. Or use cash almost exclusively.

These low lifes had to know we had no money since they constantly were in our credit reports updating the false information and upping the amount owed. They also apparently had to know when I get paid (I work for the county and they froze the account the day that I get paid). Florida laws are so lax in this matter that the collector attorneys do not even have to appear in court (they appear telephonically) or provide documents proving their right to collect. It is awful.

Wow, that is a horrible story. I'd sue the pants off them. Go to the National Association of Consumer Advocates (www.naca.net) and find an FDCPA spec-ialist attorney in your area, who may work pro bono. All you have to prove is at least one 1, and you may get $1000 and possible court costs and attorney fees. This situation above has unfair and deceptive debt collection practices all over it.