09.07.2020



Stop Garnishment Without Filing for Bankruptcy, But - You Must Act Within 20 Days





You will find out about your wage garnishment when you receive a notice in the mail titled “NOTICE TO DEFENDANT OF RIGHT AGAINST GARNISHMENT OF WAGES, MONEY, AND OTHER PROPERTY PURSUANT TO F.S. 77.041”. When you receive this notice, you should immediately contact a Florida wage garnishment defense lawyer because you will only have 20 days to respond.





If you have a wage garnishment, it means that you were sued, you lost your case in court, and the winner got a judgment against you. A judgment, however is not self-executing and the judgment creditor (the winner of a lawsuit) still has to figure out how to get the money from you. They will usually hire a debt collection law firm to accomplish this. After your wages are being garnished, you will receive a notice in the mail titled “NOTICE TO DEFENDANT OF RIGHT AGAINST GARNISHMENT OF WAGES, MONEY, AND OTHER PROPERTY PURSUANT TO F.S. 77.041”. When you receive this notice, we suggest that you immediately contact Strick Law firm,PLLC, a Florida wage garnishment defense firm to discuss your options. Whether you retain legal counsel, or not, failure to respond to this notice within 20 days may result in the loss of your rights to challange the garnishment. Question: What is wage garnishment in Florida? If you are having your wages garnished,it means that you were sued, you lost your case in court, and the winner got a judgment against you. Florida wage garnishment law is governed by Section 77.0305 of the Florida Statutes. Per Section 77.0305, the legal term for a wage garnishment is a “Continuing Writ of Garnishment Against Salary or Wages”. A wage garnishment is a legal tool that debt collectors use to try to get your money. It forces your employer to pay your debt collector a portion of your paycheck before you receive it. A wage garnishment can last for up to 20 years, or until you quit, get fired, or pay off your entire judgment, including interest and collection costs. Question: How much can they take from my paycheck? If you reside in Florida and there is a wage garnishment against you, your first $217.50 of weekly disposable earnings is automatically protected from wage garnishment by the federal Consumer Credit Protection Act. Your “disposable earnings” are your gross pay minus mandatory payroll deductions, e.g. taxes. Disposable earnings are often more than your take home pay. If you earn more than $217.50 per week, your debt collector can take the lesser of: ​ (A) 25% of your disposable weekly earnings or (B) your disposable weekly earnings above $217.50. ​ Here’s an example to show you how this works: Let’s suppose that you are paid every week, your gross weekly pay is $700, and your mandatory payroll deductions are $70. ​ Your disposable earnings would be $630 ($700 minus $70). 25% of your disposable earnings would be $157.50 ($630 x .025). Your disposable earnings above $217.50 would be $412.50 ($630 minus $217.50). In this example, the amount of your wage garnishment would be $315 every paycheck ($157.50 per week times 2 weeks).