You wake up on a Monday morning, ready to tackle the day, only to discover something shocking—your paycheck is smaller than expected, or worse, your bank account has been frozen without warning. The bills are still due, groceries still need to be bought, and suddenly, the ground beneath you feels unsteady. For many Floridians, this isn’t a nightmare you can simply shake off—it’s the harsh reality of wage garnishment or a bank account levy. The confusion, the frustration, the helplessness—it’s all too real. And yet, here’s what often gets overlooked: you’re not powerless. In fact, Florida law provides protections and options to fight back, especially if the garnishment is wrongfully applied or involves funds that should never have been touched in the first place.
This guide is here to cut through the fear and uncertainty. We’ll break down exactly what’s happening, explain your rights in plain language, and show you the steps you can take to protect your hard-earned money.
Because when it comes to your finances, knowledge isn’t just power—it’s the key to taking back control.
Understanding Florida’s Garnishments & Levies: The Basics
Before we dive into how to contest these actions, let’s clarify what they are. A wage garnishment is a legal procedure where a portion of your earnings is withheld by your employer and sent directly to a creditor to satisfy a debt.
Think of it as your employer acting as a temporary collection agent under a court order.
A bank account levy (often just called a bank garnishment in Florida) is when a creditor legally seizes funds directly from your bank account.
The bank is required to freeze your account or hand over funds up to the amount of the judgment, plus costs.
Here’s an “aha!” moment: In Florida, for most consumer debts, a creditor cannot simply garnish your wages or levy your bank account without first taking you to court and obtaining a money judgment against you.
This judgment legally confirms that you owe the creditor a specific amount. Once they have this judgment, they can then ask the court for a Writ of Garnishment to pursue your wages or bank accounts.
However, there are exceptions…
Government entities like the IRS (for federal taxes), the Florida Department of Revenue (for child support), or the U.S. Department of Education (for federal student loans) can sometimes issue administrative garnishments or levies without a prior court judgment.
The Crucial Distinction: Banks Don’t Determine Exemptions!
This is a critical point that many people misunderstand. When your bank account is levied, the bank’s role is primarily to freeze the funds in your account and notify you.
They are not responsible for determining whether those funds are exempt from collection. That responsibility falls squarely on you, the debtor.
You must assert your rights and prove to the court that the funds are protected. Failing to act can result in your protected funds being turned over to the creditor
Your Shield in Florida: Key Exemptions and Protections
Florida law provides important protections for debtors, preventing creditors from taking all of your money.
These protections are called “exemptions.” Understanding them is your first line of defense.
1. The Powerful Head of Household Exemption (Wages & Bank Accounts)
This is perhaps the most significant protection for Florida debtors. If you are the “head of household,” your wages are generally exempt from garnishment unless you specifically waive this right in writing.
What does “Head of Household” mean in Florida?
You typically qualify if you provide more than half of the financial support for a dependent (like a child or another family member).
The key here is financial support, not necessarily living under the same roof.
Important Nuance: If your disposable earnings (your earnings after legally required deductions) are $750 per week or less, your wages are entirely exempt under this rule.
If they are more than $750 per week, the portion above that amount could be subject to garnishment, but you still need to actively claim the exemption to protect it.
How it applies to bank accounts: Wages that are otherwise exempt under the head of household rule retain their exempt status when deposited into a bank account.
However, this is where it gets tricky: you must be able to trace those funds.
If you commingle (mix) your exempt wages with non-exempt funds (like a spouse’s income or a loan), it can become difficult to prove which funds are protected.
2. Tenancy by the Entirety (Bank Accounts for Married Couples)
For married couples in Florida, this is a significant protection for jointly held bank accounts.
If you hold a bank account with your spouse as “Tenants by the Entirety,” the funds in that account are generally exempt from collection by a creditor of only one of the spouses.
Both spouses must owe the debt for the account to be subject to levy. This protection is outlined in Florida Statute § 655.79.
Example: If only the husband owes a debt, and he and his wife hold their joint checking account as tenants by the entirety, a creditor of the husband alone generally cannot levy that account. However, if both husband and wife owe the debt, then the account would not be protected by this exemption.
3. Federal Benefits (Bank Accounts)
Certain federal benefits are exempt from garnishment or levy by most creditors, even after they are deposited into your bank account. These include:
- Social Security benefits
- Supplemental Security Income (SSI) benefits
- Veterans’ benefits (VA)
- Civil Service Retirement benefits
- Federal Student Aid
- Railroad Retirement benefits
Under federal regulations, banks are generally required to review accounts for these “electronically deposited” federal benefits and protect up to two months’ worth of benefits from garnishment by most creditors.
However, if you have more than two months’ worth of benefits, or if the creditor is the government itself (e.g., IRS for taxes, Department of Education for student loans), you may still need to actively claim these exemptions to fully protect your funds.
4. Other Protected Funds
Florida law also protects other types of income and assets, including:
- Workers’ compensation benefits
- Unemployment compensation benefits
- Life insurance proceeds
- Annuity proceeds
- The cash surrender value of life insurance policies
- Homestead property (your primary residence)
The Clock is Ticking: Your 20-Day Window to Act
Receiving a garnishment or levy notice can be shocking, but it’s also your immediate call to action.
In Florida, if your wages are garnished or your bank account is levied, you typically have a very limited time frame – 20 days from the date you receive the “Notice to Debtor” – to file a Claim of Exemption with the court.
Missing this deadline can be critical. If you don’t file your claim within this window, you risk losing your protected funds or wages, even if they were legally exempt.
Filing Your Claim of Exemption: A Step-by-Step Overview
While this guide provides general information, remember that legal processes can be complex.
Consulting with an attorney is always recommended for personalized advice. However, here’s a general roadmap:
- Identify the Court and Case Number: Look closely at the “Writ of Garnishment” or “Notice to Debtor.” It will list the court (e.g., Circuit Court in Palm Beach County) and the specific case number. This is crucial for filing.
- Obtain the Correct Form: Most Florida Circuit Courts have a standard “Claim of Exemption” form available through their Clerk of Court website or in person. You can often find these by searching “[Your County Name] Clerk of Court Claim of Exemption.”
- Fill Out the Form Accurately:
- Your Information: Provide your name, address, and contact details.
- Case Information: Enter the case number, names of the parties (plaintiff/creditor and defendant/debtor), and the court.
- Grounds for Exemption: Clearly state why your wages or funds are exempt. Be specific: “Head of Household,” “Funds are Social Security Benefits,” “Account held as Tenancy by the Entirety.”
Provide Supporting Documentation: This is vital for proving your claim.
- Head of Household: Pay stubs, tax returns showing dependents, affidavit stating you provide more than 50% support.
- Federal Benefits: Bank statements showing direct deposits of benefits, award letters.
- Tenancy by the Entirety: Bank statements showing joint ownership as TBE, marriage certificate.
- File with the Clerk of Court: File the original completed “Claim of Exemption” form (and any supporting documents) with the Clerk of Court in the county where the garnishment was issued. Keep a copy for your records.
- Serve the Creditor/Their Attorney: You must send a copy of your filed “Claim of Exemption” to the creditor or their attorney. How you serve them (certified mail, hand delivery) can be important; ensure you follow the court’s rules. Keep proof of service.
After you file your claim, the creditor has a limited time to object (usually 10 days).
If they don’t object, the garnishment may be dissolved, or the funds released. If they do object, the court will schedule a hearing.
Beyond Exemptions: Other Grounds for Objection
While exemptions are powerful, they aren’t the only reason a garnishment or levy might be incorrect. You may also be able to challenge the action based on other legal grounds:
Incorrect Debt Amount or Invalid Judgment:
- Already Paid the Debt: You may have paid off the debt, but the creditor didn’t update their records.
- Incorrect Amount: The amount being garnished is more than what you legally owe.
- Judgment Expired: Money judgments in Florida are valid for 10 years and can be renewed for another 10, but if the judgment is too old and not properly renewed, it might be unenforceable.
- No Valid Judgment: The creditor initiated garnishment without a proper, existing judgment against you. This is less common but can happen.
Procedural Errors by the Creditor:
- Improper Notice: The creditor failed to properly notify you of the lawsuit or the garnishment action itself.
- Incorrect Service: The legal documents were not delivered to you in the manner required by law.
- Wrong Parties: The garnishment names the wrong person or entity.
- Identity Theft: If the debt or judgment is the result of identity theft, you are not responsible for it, and the garnishment can be challenged.
- Statute of Limitations: While most garnishments follow a judgment, the underlying debt may have been beyond the statute of limitations to file the initial lawsuit in the first place, or perhaps the judgment itself has expired and not been renewed properly.
Identifying these issues can be complex and often requires a deeper understanding of legal procedures and evidence.
What to Do Next: Navigating Your Path Forward
Facing a wage garnishment or bank account levy in Florida is a serious matter, but it’s not a dead end.
By understanding your rights and acting quickly, you can significantly improve your outcome.
Your Immediate Action Checklist:
- Don’t Panic: Take a deep breath.
- Gather Documents: Collect all papers related to the garnishment/levy, bank statements, pay stubs, and any documents proving your income source or dependent support.
- Note Deadlines: Identify the “Notice to Debtor” and mark the 20-day deadline clearly.
- Consider Legal Counsel: For a comprehensive assessment of your situation, the strongest possible claim, and expert navigation of the court process, consulting an attorney is highly recommended. An attorney can help you determine if your funds are truly exempt, prepare and file the necessary documents correctly, and represent you in court if a hearing is needed.
Alternative Solutions to Explore:
Even if your funds aren’t exempt, or if you simply need a fresh start, other options exist:
- Negotiation with the Creditor: Sometimes, creditors are willing to negotiate a payment plan or a lump-sum settlement for a reduced amount, especially if they know you might pursue bankruptcy.
- Bankruptcy: For many, filing for bankruptcy (Chapter 7 or Chapter 13) can immediately stop wage garnishments and bank levies (known as the “automatic stay”). It can also discharge (eliminate) or restructure the underlying debt, providing a comprehensive solution to overwhelming financial burdens. You can learn more about how bankruptcy works in Florida by exploring our resources on Understanding Chapter 7 Bankruptcy in Florida or Chapter 13 Bankruptcy in Florida.
The path forward depends on your unique situation, the type of debt, and your financial circumstances.
Frequently Asked Questions (FAQ)
Q1: Can a creditor garnish my wages without a court order in Florida?
For most consumer debts, no. A creditor generally needs to sue you and obtain a money judgment from a court before they can get a Writ of Garnishment. Exceptions exist for government entities like the IRS, Florida Department of Revenue (for child support), or the U.S. Department of Education (for federal student loans), who may have administrative garnishment powers.
Q2: How much of my wages can be garnished in Florida?
Generally, under federal law, the amount garnished cannot exceed 25% of your disposable earnings, or the amount by which your disposable earnings exceed 30 times the federal minimum wage, whichever is less. However, Florida’s head of household exemption can further protect wages, potentially making them entirely exempt if you meet the criteria and your disposable earnings are $750 per week or less.
Q3: What happens if I ignore a garnishment notice?
Ignoring a garnishment notice is risky. If you don’t file a timely Claim of Exemption, the court may rule in favor of the creditor, and your wages or bank account funds will be turned over to them, even if they were originally exempt. This can lead to significant financial hardship.
Q4: Can child support be garnished from my bank account in Florida?
Yes, child support obligations are treated differently. The Florida Department of Revenue has specific powers to levy bank accounts for past-due child support without a prior court judgment in that specific case. While some federal benefits (like Social Security) may still be protected, the rules are stricter, and you may still need to file a claim.
Q5: How long does a bank account stay frozen after a levy?
In Florida, once a bank receives a Writ of Garnishment, they typically freeze the account and notify you (the debtor) and the creditor. The funds generally remain frozen for a period (often 20 days after you receive the notice) during which you have the opportunity to file a Claim of Exemption. If no claim is filed, or if your claim is denied, the bank will eventually release the funds to the creditor as ordered by the court.
Q6: Can I prevent future garnishments or levies?
The most effective way to prevent future garnishments or levies is to address the underlying debt. This might involve negotiating a payment plan with the creditor, reaching a settlement, or, for overwhelming debt, exploring bankruptcy. Strategically managing your finances and understanding your Rights as a Debtor in Florida can also help.
Q7: What if my exempt funds are mixed with non-exempt funds in my bank account?
This is known as “commingling” and can make it challenging to prove that certain funds are exempt. While the law generally states that exempt funds retain their character, you bear the burden of proof to trace and identify which specific funds are exempt. Maintaining separate accounts for exempt income (like federal benefits) is a recommended preventative measure.
Empowering Your Financial Future
Understanding and defending against wage garnishments and bank account levies can feel like navigating a complex maze. But with the right knowledge and timely action, you can protect your financial stability.
At Gort Law P.A., our mission is to provide personalized legal solutions grounded in real-world business and legal expertise. We understand the stress and uncertainty that come with financial challenges, and we’re dedicated to helping individuals and businesses in Jupiter, Palm Beach Gardens, Fort Pierce, Port St. Lucie, and Indian River County find clear, effective paths forward.If you’re facing a wage garnishment or bank account levy, or if you have questions about your financial rights and options in Florida, we invite you to take the first step. Schedule a free consultation with us today. Let us help you turn confusion into clarity and concern into confidence.