Wage Garnishment Attorney In Miami, Florida
How can I stop my wages from being garnished?
Under Florida law, a creditor cannot garnish your wages unless a judgment has first been entered against you. This means the creditor must file a lawsuit, properly serve you with notice, and obtain a court judgment stating that you owe the debt. After the judgment is entered, you will typically receive documentation from the court or the creditor.
In many cases, the creditor will send written questions—often called post-judgment interrogatories—asking about your income, assets, and employment. While these questions may initially appear voluntary, the creditor can ask the court to issue an order requiring you to respond. One common question is where you work. Once the creditor learns your employer’s identity, they may seek a writ of garnishment directing your employer to withhold up to 25% of your disposable earnings.
If your wages are garnished, you have the right to request a hearing to claim any applicable exemptions. For example, under Florida Statutes § 222.11, wages may be protected if you qualify as “head of household” and provide more than half of the financial support for a dependent. This is often demonstrated through tax returns or other financial documentation. However, it can take time for a hearing to be scheduled, and during that period, wage deductions may continue.
Another way to stop a wage garnishment is by filing for bankruptcy. Whether you file under Chapter 7 or Chapter 13, the Automatic Stay goes into effect immediately upon filing. This federal protection requires creditors to stop all collection activity, including wage garnishments. Michael J. Brooks assists individuals in Miami, Florida who are facing wage garnishment and need to understand their rights and options. If your paycheck is being withheld or you have received notice of a lawsuit, contact Michael J. Brooks, P.A. to discuss the steps you can take to protect your income.
Call Michael J. Brooks, P.A. at 305-400-4595 to schedule a consultation with a lawyer today.
What happens if my wages get garnished and I don’t know why?
If your wages are being garnished, it means a creditor has already obtained a court judgment against you. Before a judgment can be entered, you must have been properly served with the lawsuit. In Florida, this typically requires personal service by a process server, or service on someone who lives in your household and is over the age of 16.
If you were never properly served, you may have grounds to challenge the judgment. In that situation, a motion can be filed with the court asking that the default judgment be set aside due to improper service of process. If the court grants the motion, the judgment may be vacated and the wage garnishment must stop. The case would then begin again, and you would have the opportunity to respond to the lawsuit and present any defenses.
If the creditor ultimately proves its case, a new judgment could be entered and garnishment could resume. However, if you successfully defend the lawsuit, the creditor may not be entitled to collect the debt.
Michael J. Brooks works with individuals in Miami, Florida who are facing wage garnishment and need to determine whether proper procedures were followed. If you believe you were never served or want to explore your options to stop a garnishment, contact Michael J. Brooks, P.A.
to discuss your situation.
What happens to the judgment once I file for bankruptcy?
As discussed, when you file for bankruptcy, the wage garnishment must stop immediately due to the Automatic Stay. In many cases, the underlying judgment debt is ultimately discharged through the bankruptcy process. However, if a creditor recorded a judgment in the public records and you own non-homestead real estate in that county, the judgment may act as a lien against any equity you have in that property. Florida’s homestead protections are broad, but they do not apply to investment or rental properties.
For example, if a recorded judgment is for $10,000 and you have $3,000 in equity in a non-homestead property, the lien may attach to that $3,000 in value. In bankruptcy, it may be possible to address this lien through appropriate court motions. Depending on the chapter filed, repayment of the secured portion may be required. In a Chapter 7 case, this issue must typically be resolved during the case. In a Chapter 13 case, repayment can often be structured through the repayment plan over a period of up to five years. After a successful bankruptcy discharge and completion of any required payments, the lien can be resolved in accordance with bankruptcy law, and your remaining qualifying debts are eliminated.
It is very important to disclose any recorded judgments and all real estate interests when consulting about bankruptcy. Michael J. Brooks works with clients in Miami, Florida to carefully review public records, identify judgment liens, and determine the appropriate steps to protect their property. If you are facing garnishment or have concerns about judgment liens, contact Michael J. Brooks, P.A. to schedule a consultation.
Can anything besides my wages be garnished?
Garnishment is specific to wages, but another collection method is levy. A levy is when the judgment creditor sends a sheriff out to take your property and sell it at an auction. For example, your vehicle can be taken by the sheriff and sold at auction so the equity can be paid to the creditor. You will still be able to use any of the exemptions you are allowed to take under the Florida Constitution or Florida Statutes to get your property back. But getting your property back may take a long time and it is very inconvenient. By the way, if a vehicle is levied by a creditor rather than being repossessed, it can be required to be returned prior to the auction if a bankruptcy is filed.
Frequently Asked Questions
Does a garnishment go on my credit report?
The short answer is never. But the underlying judgment does go on your credit report once the judgment is recorded.
Does it take a long time to get my wages back or other items that were taken once a bankruptcy is filed?
Because a garnishment is an attempt to collect a debt, the things garnished must immediately be returned. Therefore, at the most, it should take a couple of days to get your money or other items taken back once the bankruptcy has been filed.
Are the lawyers at your bankruptcy law firm available to talk when a client calls?
Many lawyers never get on the phone with their clients to give updates or to answer general questions. We at BankruptcyNow take pride in keeping our client informed from beginning to end of what’s going on and to answer questions about your case. We try to put ourselves in the clients shoes and know how frustrating it can be to not have someone available to answer questions. Sometimes, the lawyers are in court. Most bankruptcy court hearings take all day. Therefore, if we are not available, you will call you back the next day.
If my wages are being garnished, can the creditor levy against my other property?
There is no limitation in Florida as to how or when a creditor can attempt to collect on their debt. The only time they must stop is either when they are paid in full or a bankruptcy is filed. So, there may be several collection efforts against you at the same time by only one creditor.
Do I owe enough to file for bankruptcy?
This question depends on many factors, and what is right for you. If you owe $10,000.00, and you are making $25,000.00 a year, it’s unlikely the debt will ever be paid off. However, if you owe $50,00.00, and you are making $500,000 a year with a lot of savings, bankruptcy may not be the best way around paying off the debt. The answer to this question depends on your particular circumstances. Also, if you have a garnishment against you, that is another factor in determining whether you should file for bankruptcy. It’s very difficult to keep up with normal bills with 100% of your paycheck. It makes it almost impossible if you have a levy or wage garnishment.
Disclaimer: We are a debt relief agency. We are attorneys who help people file for bankruptcy relief under the bankruptcy code.
Have Questions About Bankruptcy?
If you’re considering filing for bankruptcy or simply want to understand your options, Michael J. Brooks, P.A. is here to help. Call 305-400-4595 today to speak with Michael J. Brooks and get clear answers about your rights, the bankruptcy process, and the steps you can take toward financial relief.