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A wage garnishment is a court order obtained by a creditor to seize a portion of a debtor’s paycheck, bank account, or other assets to meet a debt obligation. If you are already struggling to pay your debts, the effects of wage garnishment can be especially hard on your finances. However, you may be able to negotiate the terms of wage garnishment or avoid it altogether. The team at Loan Lawyers is here to explain the options for negotiating, contesting, vacating, or ending a wage garnishment.
Is It Possible to Negotiate a Wage Garnishment in Florida?
It is sometimes possible to negotiate a wage garnishment directly with the creditor. Most creditors want to recoup as much of their debt as possible and may be willing to work out a deal. Build your argument before approaching the creditor. Collect evidence showing how detrimental the wage garnishment is to your financial stability or how you qualify for an exemption. In either case, the creditor may agree to a solution that doesn’t involve a garnishment, such as an adjustment payment plan or a settlement for a lump sum.
How to Get Rid of Wage Garnishment Completely
The court clerk must notify you when a creditor files a court order seeking to garnish your wages. You have the right to file an exemption within 20 days of receiving notice. If you file a claim of exemption, the creditor has 14 business days to file a response to your claim with the court. If the creditor doesn’t respond in time, the court can cancel the garnishment.
Some exemptions and other strategies that may allow you to contest or stop a wage garnishment include the following:
- Head of household exemption – Under Florida law, you may legally stop a wage garnishment if you qualify as a head of household. A head of household pays at least 50 percent of the living expenses for a child or other dependent.
- Exempted income – Certain types of income are exempt from wage garnishments, such as retirement benefits, veteran’s benefits, disability benefits, workers’ compensation, alimony, and child support.
- Federal protections – Under federal law, wage garnishments cannot exceed 25 percent of your disposable earnings or the amount of your weekly income over 30 times the federal minimum wage, whichever is less.
- Pay off the debt – This may not be an option for everyone. But if you can come up with the money to pay off the debt, you will eliminate the creditor’s need for wage garnishment. For example, you could ask family or friends for money, consolidate the debt with another loan, or sell an asset.
- Bankruptcy – If you do not qualify for any exemptions and cannot possibly pay back the debt or make ends meet while having your wages garnished, you should consider filing for bankruptcy. While bankruptcy comes with drawbacks, it would stop any wage garnishments. Depending on the type of bankruptcy you file, you may be able to structure a repayment plan, liquidate some assets, or discharge some debts.
RELATED: Wage Garnishment FAQs
Do You Need a Debt Lawyer to Investigate Your Wage Garnishment?
To best understand your legal options for dealing with wage garnishment, consult a knowledgeable debt settlement attorney at Loan Lawyers today. Our foreclosure defense, debt defense, and bankruptcy law firm has helped many Florida clients find a way through or out of wage garnishment. Contact us today for a free consultation.
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