Prevent Wage Garnishment if eligible for Head of Household Status

Many people are facing suits from creditors.  A successful credit can obtain a judgment against you that may last for up to 20 years in Florida.  Many times creditors will then try to garnish your wages by issuing a writ of garnishment to your employer.  The creditor  by federal law (U.S.C sectubi 1673: Restriction on Garnishment) cannot garnish in excess of 25% of your wages, but this can be a lot – especially for those living paycheck to paycheck.  There are ways to prevent a creditor from taking anything.  Time and time again I have seen this lead to repossessions, foreclosures and evictions.  The writ of garnishment will start off looking like this:

The Writ of Garnishment is a legal notice that starts out like this:

NOTICE TO DEFENDANT OF RIGHT AGAINST
GARNISHMENT OF WAGES, MONEY,
AND OTHER PROPERTY
The Writ of Garnishment delivered to you with this Notice means that wages, money, and other property belonging to you have been garnished to pay a court judgment against you. HOWEVER, YOU MAY BE ABLE TO KEEP OR RECOVER YOUR WAGES, MONEY, OR PROPERTY. READ THIS NOTICE CAREFULLY.

HERE’S HOW TO PROTECT YOURSELF:

Those people eligible for Head of Household Status may claim exemption from garnishment, but you must act affirmatively in executing the section of the paperwork included with the garnishment order or you will lose out.  There are some important things YOU MUST DO.

Some people are even well advised to contact their creditor before they seek a writ of garnishment to prove that they are indeed head of household.  Many times creditors will not pursue garnishment activities if they know they will be unsuccessful.

Leave a Reply

Your email address will not be published. Required fields are marked *

*

HTML tags are not allowed.

Asset Protection

Asset Protection

Asset Protection is all about protecting your future.  It really shouldn't be that difficult.  You tell us about yourself and what you have; we will tell you how you can protect it and help prevent future creditor attacks. Read More...
Automobile Accidents

Automobile Accidents

Facing personal injury & property damage in Automobile Accidents can be scary.  Don't let the insurance company dictate your settlement.  Please be sure to see a physician within 14 days.  Read More...

Business | Commercial Law

Business | Commercial Law

Starting a new business? Need a Contract drafted or reviewed? Assistance with Collection accounts?  PLG is there for you for all business and commercial transactional and litigated matters. Read More...
Wills | Trusts | Estates

Wills | Trusts | Estates

PLG can review your current estate plan, help you establish a new will, trust or other estate plan and we assist with Florida Probate. Probate is a required process after a loved one passes, but there are simplified & streamlined solutions.   Read More...

Consumer Bankruptcy

Consumer Bankruptcy

Chapter 7 can offer a FRESH START to many people.  It can be a painless elimination of your creditors and it stops the garnishments, lawsuits & creditor harassment.  Chapter 13 can do this too, but it can also SAVE YOUR HOME, YOUR CAR and help with IRS BACK TAXES.  Read More...
Business Bankruptcy

Business Bankruptcy

Chapter 11 offers businesses advantages in negotiation and restructuring debt.  Whether yours is a complex case or a Single Asset Real Estate Case, we can assist you with pre-filing negotiations or the filing of a Chapter 11 petition.  Caution filing Chapter 7 to liquidate; you likely have better options. Read More...
Tax Law & Tax Prep

Tax Law & Tax Prep

The Internal Revenue Code can be scary and convoluted.  Whether you have questions about the tax ramifications of a proposed event, your business is looking to reorganize, or you just need some tax preparation, we can guide you.  Read More...
Divorce & Family Law

Divorce & Family Law

Divorce shouldn't be a complicated legal battle wherein you pay exorbitant legal fees.  The trouble is: some attorney's think otherwise and try to take issue where there is none.  We offer innovative and modern solutions to yesterday's problems.  Get over it, move on and let's not dwell.  Read More...
Back to top