Florida Sample Letter for Garnishment Dear [Name], We hope this letter finds you well. It has come to our attention that you have an outstanding debt with [Creditor's Name]. As a result, we are writing to inform you about the garnishment process that may take place in accordance with Florida laws. Garnishment is a legal procedure that allows a creditor to collect outstanding debts by deducting a specified portion from an individual's wages, bank account, or other income sources. In Florida, garnishment can occur in various situations, including but not limited to: 1. Wage Garnishment: If you owe a debt and fail to make payments, the creditor may seek a court order to garnish a portion of your wages. This means that your employer will deduct the specified amount directly from your paycheck until the debt is fully satisfied. 2. Bank Account Garnishment: In some cases, creditors may obtain a judgment against you, allowing them to initiate garnishment proceedings against your bank account. This means that funds in your bank account may be frozen or deducted to fulfill the debt owed. 3. Income Garnishment: Besides wages, certain income sources like rental payments, alimony, or pension can also be subject to garnishment. If you receive any of these income types and owe a debt, it is important to be aware that they may be included in the garnishment process. 4. Federal Benefits Garnishment: While federal benefits such as Social Security, Veterans' benefits, or Supplemental Security Income (SSI) are generally exempt from garnishment, there are exceptions for specific types of debt, such as unpaid taxes or child support obligations. It is essential to note that Florida imposes certain restrictions on garnishment, protecting individuals from excessive debt collection practices. For example, the maximum amount that can be garnished from your wages is generally limited to 25% of your disposable earnings, or 30 times the federal minimum wage, whichever is lower. If you receive a notice of intent to garnish or a court order for garnishment, it is crucial to seek legal advice promptly. You may be able to challenge the debt, negotiate a repayment plan, or explore other viable options to resolve the debt issue. We strongly recommend that you consult with an experienced attorney specializing in debt collection and garnishment matters. They can provide you with the most accurate advice based on your specific situation and help you understand your rights and legal options under Florida's garnishment laws. Remember, dealing with garnishment requires immediate attention and often involves complex legal processes. Ignoring the issue will not make it go away — it may exacerbate the situation. Take proactive steps to address your debt-related concerns and seek professional help as needed. Sincerely, [Your Name]
Florida Sample Letter for Garnishment
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FAQ
Garnishment Exemption Statute Florida statutes provide that a judgment creditor cannot garnish earnings consisting of wages, salary, commission, or bonus payable to a Florida head of household.
In Florida, if your disposable income is less than 30 times federal minimum wage, your wages can't be garnished at all.
How do you stop wage garnishment in Florida? A Chapter 7 or Chapter 13 case will put an immediate stop to a wage or bank account garnishment. In some cases, a head of household exemption may also stop a garnishment.
Here are the rules: A creditor can garnish 25% of your disposable income or the amount by which your disposable income exceeds 30 times federal minimum wage, whichever is less. In Florida, if your disposable income is less than 30 times federal minimum wage, your wages can't be garnished at all.
Procedure for claiming your exemptions You may claim your exemptions from garnishment by filing an affidavit with the court describing the exemption and your claim to it. Your affidavit also must be sent to the judgment creditor and any attorney for the judgment creditor.
?The writ shall require the garnishee to serve an answer on the plaintiff within 20 days after service of the writ stating whether the garnishee is indebted to the defendant at the time of the answer, or was indebted at the time of service of the writ, plus up to 1 business day for the garnishee to act expeditiously on ...
At a minimum, your written objection to the garnishment should include the following information: the case number and case caption (ex: "XYZ Bank vs. John Doe") the date of your objection. your name and current contact information. the reasons (or "grounds") for your objection, and. your signature.
The statute provides that a creditor begins the garnishment process by filing a short motion with the court (?Motion for Writ of Garnishment?) and paying fees and deposits to the clerk of court. The clerk then issues the writ. The judgment creditor is not required to seek a judge's permission or a court order.
