When a creditor starts taking money from your paycheck, it can feel like you are running in place. Rent, food, and fuel do not wait. If you live or work in Clearwater, a wage garnishment may arrive with little warning and leave you anxious about how to cover the next bill. You may wonder if a bankruptcy attorney can help and whether there is a way to stop deductions before the next payday.
There is a path forward. This article explains how a Florida wage garnishment begins, how the head of the family rule protects many earners, and which actions can pause or end the process. You will learn what to do in the first days after receiving papers, how to assert exemptions, and when relief through Chapter 7 or Chapter 13 may provide a broader solution.
How a wage garnishment starts in Florida
Most consumer garnishments begin after a creditor sues and wins a judgment. The creditor then requests a writ of garnishment from the court. Once issued, the writ is served on your employer. The employer must withhold a set portion of your disposable earnings and send it to the creditor or the court. You should receive notice and forms that explain your rights. The paperwork often includes an exemption claim form. Act promptly, because deadlines to contest or claim exemptions are short.
If the garnishment stems from taxes, child support, or federal student loans, the process can differ. Some of these debts allow administrative garnishment without a court judgment. The same income protections and federal limits on the amount taken still matter, and you can often request a hearing to review hardship or eligibility for programs.
The head of family rule
Florida’s head of family rule shields the wages of a person who provides more than half of the support for a child or another dependent who lives in the household. If you qualify as head of family, your wages are generally exempt from garnishment. If you earn no more than a set weekly amount, your wages are protected. If your weekly earnings exceed that amount, your wages are still protected unless you agreed in writing to garnishment. Many people never sign such an agreement.
This protection can extend to wages that are deposited into a bank account for a limited time, provided you can show the funds came from salaries and you qualify as head of family. Keep pay stubs and bank statements so you can trace deposits. If the creditor has frozen your account, a timely exemption claim can often release protected funds.
How much can be taken if an exemption does not apply
If no exemption applies, federal law caps most consumer garnishments at the lesser of 25 percent of disposable earnings or the amount by which disposable earnings exceed 30 times the federal minimum hourly wage. Disposable earnings mean your pay after legally required deductions such as taxes and Social Security. State law and the court order control the exact amount withheld and how long the garnishment lasts.
Ways to stop or prevent a garnishment
File a claim of exemption. If you qualify as head of family, complete and file the exemption form that came with your notice. Attach a simple affidavit that explains your dependents and the share of support you provide. Include recent pay stubs or a short household budget if the form allows attachments. If accepted, the court will dissolve or prevent the garnishment.
Challenge the judgment or procedure. If a default judgment was entered because you were never served, you may ask the court to set it aside. If the creditor did not follow the garnishment statute, the court can dissolve the writ. These steps are deadline-driven, so act quickly.
Negotiate with the creditor. Some creditors will pause a garnishment if you agree to a lump sum or a written payment plan. Get any agreement in writing, and confirm that the creditor will release the writ upon payment.
Seek broader relief through bankruptcy. Filing Chapter 7 or Chapter 13 places an automatic stay on most collections, which includes wage garnishments. In many cases, deductions stop with the next payroll cycle after the court issues a case number. Chapter choice depends on your income, property, and goals. Chapter 13 can help cure mortgage arrears and manage car or tax debts through a structured plan. Chapter 7 can discharge many unsecured debts and may free enough income to stabilize your budget.
What to gather before you call
Collect your most recent pay stubs, the garnishment notice and forms, the judgment or case number, and a simple list of your dependents and monthly expenses. If your bank account is frozen, gather recent statements and note which deposits are wages. Good records speed up the relief process and help your adviser choose the right path.
The bottom line
A wage garnishment can strain any household, but Florida law provides strong protections, and timely action often restores control. If you live or work in Clearwater and want to review your options with a bankruptcy attorney, schedule a consultation with Weller Legal Group for clear guidance and next steps tailored to your situation.
