Wage Garnishment Lawyer Florida: What Florida Families Ask Most: If money is already being taken from your paycheck because of a wage garnishment, you may be wondering whether there is a way to stop it. You may also be dealing with collection calls, a lawsuit, or a judgment that you cannot afford to pay.
Bankruptcy may provide relief in some situations. When a bankruptcy case is filed, the federal automatic stay generally takes effect immediately and stops many collection actions, including most wage garnishments related to debts that arose before the bankruptcy filing. However, the automatic stay has exceptions, and not every garnishment is treated the same way.
Florida law also provides procedures for individuals who receive a garnishment notice and may have an exemption or other defense.
If your paycheck is being garnished, the type of debt, the status of the garnishment, your income, your property, and your overall financial situation all matter.
Schedule a free consultation with The DeVries Law Firm, P.A. or call (904) 348-0030.
Quick Facts About Wage Garnishment in Florida
- A bankruptcy filing can trigger the automatic stay. The stay generally begins when the bankruptcy case is filed.
- Most prepetition collection activity is subject to the stay. This can include many wage garnishments, collection lawsuits, and collection calls.
- There are exceptions. Certain actions involving domestic support obligations and other matters are not stopped by the automatic stay.
- Florida has garnishment procedures and exemptions. A garnishment notice should not simply be ignored because state and federal law may provide protections depending on the circumstances.
- Filing bankruptcy does not automatically mean every debt disappears. Whether a debt is dischargeable depends on the type of debt and the bankruptcy case.
What Is a Wage Garnishment?
A wage garnishment is a legal process that allows money to be withheld from your wages to satisfy a debt.
In Florida, a creditor generally uses a writ of garnishment to reach money owed to the debtor by a third party, such as an employer. Florida law specifically provides for continuing wage garnishments, under which deductions can continue from wages as they become due until the judgment is satisfied or the court orders otherwise.
A garnishment can make an already difficult financial situation worse. Losing part of each paycheck can affect your ability to pay rent or a mortgage, utilities, transportation costs, food, insurance, and other necessary expenses.
Can Bankruptcy Stop a Wage Garnishment?
Often, yes—but not always.
The federal automatic stay generally prohibits creditors from continuing many collection actions after a bankruptcy petition is filed. The U.S. Courts explain that the automatic stay generally prevents creditors from continuing actions such as lawsuits and wage garnishments involving debts covered by the stay.
The stay generally arises automatically when the bankruptcy case is filed. It does not require a separate order from the bankruptcy judge.
However, federal bankruptcy law contains exceptions. For example, the automatic stay does not generally stop withholding of income for certain domestic support obligations, such as qualifying child support or alimony obligations.
That is why the answer to “Will bankruptcy stop my wage garnishment?” depends on what caused the garnishment.
What If My Garnishment Is for Credit Cards or Medical Bills?
If your wages are being garnished because of a judgment involving an unsecured consumer debt, bankruptcy may provide a way to address the garnishment and the underlying debt.
Credit card debt and many medical bills are examples of debts that may be treated differently from domestic support obligations.
However, the fact that a creditor has already obtained a judgment does not mean you should assume the debt will automatically be discharged. The circumstances of the debt and your bankruptcy case still need to be reviewed.
What If the Garnishment Is for Child Support or Alimony?
This is an important exception.
The automatic stay generally does not stop the withholding of income for a domestic support obligation under a court or administrative order or applicable law.
So if your paycheck is being garnished for child support, alimony, or another qualifying domestic support obligation, filing bankruptcy is not the same as simply stopping the withholding.
If support obligations are involved, tell the bankruptcy attorney before filing so the situation can be evaluated correctly.
What Does Florida Law Say About Garnishment?
Florida’s garnishment statutes provide a process for wage and property garnishments.
For example, Florida Statute §77.0305 addresses continuing writs of garnishment against salary or wages. Florida Statute §77.041 requires a notice to an individual defendant explaining that certain wages, money, and property may be protected from garnishment under state or federal law.
This means receiving a garnishment does not necessarily end the discussion.
Depending on your circumstances, there may be questions about:
- Whether the garnishment was properly issued
- Whether an exemption applies
- What type of debt is involved
- Whether a judgment exists
- How much is being withheld
- Whether bankruptcy is appropriate
- Whether another legal remedy should be considered
Chapter 7 vs. Chapter 13 for Wage Garnishment
Bankruptcy has different chapters, and choosing between them requires more than looking at the garnishment alone.
Chapter 7
Chapter 7 generally involves the liquidation process for qualifying debts and may result in a discharge of certain debts.
Whether you qualify and what happens to your property depends on your financial circumstances, including your income, assets, debts, and applicable exemptions.
Chapter 13
Chapter 13 generally involves a court-approved repayment plan.
For someone who needs to address several financial problems at once, Chapter 13 may provide a way to deal with qualifying debts through the plan while potentially protecting certain property.
The right chapter depends on your circumstances. A wage garnishment by itself does not determine whether Chapter 7 or Chapter 13 is appropriate.
What Should I Do If My Paycheck Is Already Being Garnished?
Do not ignore the paperwork.
Start by gathering the documents connected to the garnishment. Look for:
- The garnishment or writ
- The underlying lawsuit or judgment
- Letters from the creditor or collection agency
- Recent pay stubs showing deductions
- Information about the original debt
- Court notices
- Any previous settlement or payment agreements
You should also identify what type of debt caused the garnishment.
A garnishment involving a credit card is different from one involving child support, taxes, or another type of obligation.
How Quickly Does the Automatic Stay Start?
Generally, the automatic stay begins when the bankruptcy petition is filed. The U.S. Courts describe the stay as arising by operation of law when the petition is filed.
That does not mean every garnishment disappears instantly from every payroll system or that every collection action is covered.
The practical timing can depend on where the garnishment is in the payroll process and what type of debt is involved.
If a paycheck is already being garnished, tell the attorney about the garnishment before the bankruptcy case is filed.
Can I Stop a Garnishment Without Bankruptcy?
Possibly.
Bankruptcy is not the only potential legal issue to examine. Florida law provides procedures concerning garnishments and notices of exemption rights.
Whether another remedy is available depends on the reason for the garnishment, the underlying judgment, your financial circumstances, and whether a statutory exemption or other defense applies.
A consultation can help determine whether bankruptcy should even be part of the discussion.
What Should I Bring to a Consultation?
If you are meeting with a bankruptcy attorney about a wage garnishment, bring as much of the following as you can:
- The garnishment notice or writ
- Any lawsuit or judgment
- Recent pay stubs
- Recent bank statements
- A list of creditors
- Approximate balances owed
- Information about your home and mortgage
- Vehicle information and loan balance
- Recent tax information
- Information about child support or alimony obligations
- A basic list of your monthly household expenses
You do not need to have everything perfectly organized before asking for help.
Questions to Ask About Your Wage Garnishment
Consider asking:
- Can bankruptcy stop this particular garnishment?
- Does the automatic stay apply to my debt?
- Is my debt one of the types that receives special treatment under bankruptcy law?
- Could I qualify for Chapter 7?
- Would Chapter 13 make more sense for my circumstances?
- What happens to my car or home if I file?
- Are there Florida exemptions that may apply to my situation?
- What costs should I expect if I file?
- What happens to the money already taken from my paycheck?
The answers depend on the specific facts of your case.
Frequently Asked Questions
Will bankruptcy stop my wage garnishment?
In many cases, a bankruptcy filing triggers an automatic stay that stops covered wage garnishments. However, the stay has exceptions, including certain domestic support obligations. The type of debt and the circumstances of the garnishment matter.
How fast does the automatic stay begin?
The automatic stay generally takes effect when the bankruptcy petition is filed. It does not normally require a separate court order.
Can child support garnishment be stopped by bankruptcy?
Generally, the automatic stay does not stop income withholding for qualifying domestic support obligations.
Can Florida law protect some wages from garnishment?
Florida law provides notice and procedures concerning exemptions from garnishment, and federal law may also provide protections. Whether an exemption applies depends on the facts.
Do I have to file bankruptcy to deal with a wage garnishment?
No. Bankruptcy is one possible legal option, but it is not necessarily the right solution for every garnishment. Florida’s garnishment laws provide other procedures that may be relevant depending on the circumstances.
Will bankruptcy erase the judgment?
Not necessarily. Bankruptcy may discharge certain qualifying debts, but the effect of bankruptcy on a judgment depends on the underlying debt and other circumstances.
What if I have already lost money from my paycheck?
Do not assume that money already withheld will automatically be returned. The treatment of wages that were garnished before a bankruptcy filing can depend on the timing, amount, type of debt, and other facts.
Talk With The DeVries Law Firm, P.A.
A wage garnishment can put immediate pressure on a household budget. If money is already being taken from your paycheck, the important question is not simply whether bankruptcy stops garnishment in general.
The important question is what happens to your particular garnishment and whether bankruptcy is an appropriate option for your overall financial situation.
The DeVries Law Firm, P.A. represents Jacksonville-area clients in bankruptcy matters and can review the circumstances surrounding a wage garnishment, including the type of debt, the status of the collection action, and potential bankruptcy options.
Request a free consultation or call (904) 348-0030.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
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This article is general educational information for Florida readers and is not legal advice. It does not create an attorney-client relationship. Bankruptcy and garnishment laws can involve important exceptions and depend on individual circumstances. Speak with a qualified Florida attorney about your specific situation.