Florida Wage Garnishment: How the Court Order Process Works

Wage garnishment is also called wage attachment or wage levy. It happens when you owe a debt you haven’t paid. A creditor takes steps to take a portion of your paycheck to pay off the debt. Florida wage garnishment can be very financially destabilizing and stressful. Understanding the process and the laws that apply to wage garnishment can help you protect your finances and your future.

The Process of Wage Garnishment

For a wage garnishment to be valid, most creditors have to follow certain steps. If they don’t, you could contest the wage garnishment and file a claim for illegal garnishment.

If you haven’t paid your debts and have ignored attempts to contact you, creditors may take certain actions to recover what they are owed, including garnishment, bank levies, or property liens. Most creditors must file with the court for a money judgment to garnish your wages.

Your debt may be for medical bills, credit card payments, or other commercial debts and personal loans. These creditors must first prove to the court that the debt you owe them is valid. Once they secure this judgment, they must file another request for a garnishment order. Often, the creditor must show that they have reasonable cause to need a garnishment to recover the debt.

When the judgment has been secured, the court sends a notice to you and to your employer, and the creditor serves notice of the order. Your employer is legally required to withhold the stated amount from your paycheck. You have the right to contest the garnishment if it is illegal or if you qualify for an exemption. It is important to file for any exemptions in a short period of time after receiving notice of garnishment.

If no exemption is filed or you don’t contest the garnishment, then the set portion of your paycheck will be removed until your debt is fully paid or until another reason is set by the court.

How Tax Agencies Are Different

The Internal Revenue Service (IRS) and the Florida Department of Revenue (DOR) are different from other creditors. These agencies do not have to get court approval to garnish your wages and recover unpaid state or federal taxes. The IRS sent more than 313,000 notices for levying wages or other assets to third parties in the fiscal year 2024. There are other types of debt that also don’t need court approval, such as unpaid federal student loans, child support, or spousal support.

Your wages can be garnished with little warning without court approval. You will likely receive a notice of nonpayment or a bill. Then, you will receive notice of garnishment. If you do nothing, the IRS, DOR, or other relevant creditor will begin removing the portion of your wages. While other creditors have strict limits on how much they can garnish, the limits for these types of debts are usually much higher. It’s important to review your unique situation with an attorney.

The IRS may not stop with garnishment. Even when the garnishment is paying off your debts, the agency may still take other actions, including implementing bank levies or establishing property and asset liens.

FAQs About Florida Wage Garnishment Law

What Are the Rules for Wage Garnishment in Florida?

There are several rules for wage garnishment in Florida, including the federal limitation on how much can be removed from your paycheck and the head of household exemption specific to Florida.

Under this exemption, if you significantly provide financial support for a dependent, your disposable earnings, if they are not greater than $750 a week, cannot be garnished. For earnings higher than this, you have to agree to a garnishment. Talk with an attorney to determine if this could help.

How Do I Stop Wage Garnishment in Florida?

To stop wage garnishment in Florida, you have to pay off the debt that is causing the garnishment. When the payment is processed, garnishment will stop. If you do not have the financial ability to pay the debt, you could negotiate with the creditor for other solutions. An attorney can look over your options, depending on the type of debt and what you can do. This could include negotiating for a lower garnishment.

What’s the Maximum They Can Garnish From Your Paycheck?

For most debts, a creditor can garnish the lesser of the following:

1. 25% of your paycheck
2. However much your disposable income is higher than 30 times the minimum wage

This is a federal law. However, there are types of debt with different limitations, and more could be taken from your paycheck. Your unpaid tax debt and child or spousal support debt do not have the same limitations. Talk with an attorney to determine what limitations apply to you.

Can Someone Garnish My Wages Without Me Knowing?

You should receive notice of garnishment. However, if you miss this notice, your account will still be garnished. Most creditors are required to get court approval for garnishment, so you should be served court papers and the court’s decision. Some creditors, including tax agencies, don’t have to get approval. There will still be initial steps, including tax bills and notices of garnishment. If you do nothing to pay the debt or negotiate it, your wages will be garnished.

Protect Your Interests if the IRS or DOR Is Garnishing Your Wages

Wage garnishment can have a significant impact on your finances and your ability to pay bills. When you don’t have the resources to pay off your debt, it can be especially hard to know what to do next. If you are facing garnishment or other collection actions by the IRS or DOR, you have options. These agencies are willing to negotiate to secure what they are owed, particularly when paying your full debt would place you in financial hardship.

When you work with TaxSmith, LLC, we help you understand what your options are. You may be able to set up a payment plan, negotiate for a lower percentage garnishment, or file for penalty abatement. You may even qualify for an offer in compromise, which allows you to erase your tax debt for a lower lump sum. Our firm has decades of experience and can review these options and how they could help your unique situation. Contact our firm today.