What to do about a writ of garnishment?

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What to do about a writ of garnishment?

If I got a writ of garnishment. I’m head of household with 2 daughters; they are over 18 but still reside with me (they go to college). Also, I’m down to part-time hours at work.  Can I do something about the writ?

Asked on November 18, 2010 under Bankruptcy Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes, you can do something in Florida.  As head of household your wages are protected from garnishment unless you make over $500 a week and you agree to allow them to be garnished.  A head of family includes all persons who reside in Florida and who provide more than one-half of the support for a child or other dependent. If it is your wages in your bank account as a head of household then they continue to be protected for six months even if the wages are mixed with money from other sources. If a head of household does not agree in writing to allow the garnishment or attachment of wages, all the wages are exempt. You must file an affidavit with the court to declare your head of family status and protect your wages from being taken. Good luck.


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