If I receive $1350 net wages per month and $1000 social security, how much of my income can be subject to garnishment from credit card debt?

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If I receive $1350 net wages per month and $1000 social security, how much of my income can be subject to garnishment from credit card debt?

Asked on April 12, 2012 under Bankruptcy Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Social security income is exempt from garnishment, so only your wages are potentially subject to garnishment.

Florida follows the federal rule on garnishment: the lesser of either 25% of disposable income (which is gross income less *required* paycheck deducutions, like FICA), or the amount by which your weekly income exceeds 30 times federal minimum wage.

Assuming that  you earn your $1,350 more or  less equally per week, you are earning around $337.50 per week. Minimum wage is $7.25 per hour, so 30 times minimum wage is $217.50. Under the first test (25% of disposable income), you could have around $317 per month garnished; under the second test, you could have around $480 per  month. Since $317 is less than $480, it would seem that you could be garnished for around $317 per month for a credit card debt.


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