? about wage garnishment
Date: Sun, 10/28/2007 - 08:37
Check with the florida attorney general's office. I heard the sa
Check with the florida attorney general's office. I heard the same as you that head of household get's an exemption.
You could still be garnished, but you could easily prove insolve
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.
Here is some info straight from the Florida Bar Association conc
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.
One thing..Itcan be difficult to prove your head of household st
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.
Fins you are very correct on getting the debt settled before cou
Fins you are very correct on getting the debt settled before court.
Not only does it potentially save money, but it keeps the black
Not only does it potentially save money, but it keeps the black mark of a judgement off your credit.
Florida has some decent debt protection laws. Some states just
Florida has some decent debt protection laws. Some states just lock step with the fed law.
OJ kept his house 100%. I think there's only a couple of states that give you 100% protection on home ownership. The feds want that changed to no states.
garnished rights
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
Lisa, if you are already being garnished, the chances of your ac
Lisa, if you are already being garnished, the chances of your accounts being levvied are very slim. Usually the only time that would happen would be if you quit your job and didn't provide them info about your new job.