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? about wage garnishment

Submitted by on Sun, 10/28/2007 - 08:37
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My husband & I seperated this year. I have heard but I'm not sure if I file for head of household with my minor son as a dependent that if a judgement is entered that in Florida they won't garnish my wages ? Is that true ? My soon to be ex, we're only seperated now get disability benefits from a bad car accident he was involved in, so he's been told that his wages also can't be garnished. I'm just really worried because since we've been apart I couldn't keep up with the credit cards he built up (under both our names) + payday loans. It was either put a roof over our heads & food or pay the bills. Any suggestions or am I just plain wrong ?


You could still be garnished, but you could easily prove insolvency, making the deductions much less than the 25%. The way to avoid this altogether is to communicate with your creditors and make some plans.

As for your husband..Disability and other bennies are only safe(at times) from consumer debts, if there are any Fed debts, he can easily be garnished, and even certain consumer debts are not always exempt.


Submitted by finsfan13 on Sun, 10/28/2007 - 08:47

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Here is some info straight from the Florida Bar Association concerning Head of Household.

Wages of the head of a family are exempt from garnishment unless the person's net wages are more than $500 per week and the person has agreed in writing to allow wages to be taken to pay the debt. A head of family includes all persons who reside in Florida and who provide more than one-half of the support for a child or other dependent. Wages in a bank account that belong to a head of family retain their protection from being seized for six months even if the wages are mixed with money from other sources. If a head of family had not agreed in writing to allow the garnishment or attachment of wages, all the wages are exempt. You must file an affidavit with the court to declare your head of family status and protect your wages from being taken.

Persons who do not qualify as head of family will still have the protection of federal law which limits the amount of wages that can be garnished. If you take home less than 30 times the minimum wage per week, all of your wages are exempt. Otherwise, a judgment creditor can obtain 25 percent of your net wages under a continuing writ of garnishment until the judgment is paid in full.


Submitted by cajunbulldog on Sun, 10/28/2007 - 10:16

cajunbulldog

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One thing..Itcan be difficult to prove your head of household status, and this does not exempt you from paying the debt. You could easily end up having your accounts levvied...If you could prove insolvency, garnishment would be easier..But seriously, you can avoid the hassle by making arrangements.


Submitted by finsfan13 on Sun, 10/28/2007 - 11:10

finsfan13

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once 25%is taken from my pay check can i have any money sit in bank and or can i get a joint account with husband or can they take that


Submitted by on Fri, 02/08/2008 - 17:39

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