Florida Wage Garnishment Rules

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Florida’s garnishment laws are governed by Chapter 77 of the Florida Statutes. Here’s a quick summary of the key legal principles:

Head of Household Exemption

Florida provides a strong exemption for head of household wages. If you are the primary financial provider for a dependent (like a child or spouse), your wages may be exempt from garnishment, up to $750 per week. However, this exemption must be claimed proactively—it is not automatic.

Tip: Debtors must file an affidavit with the court to invoke the head of household exemption.

Toll Free: 800-220-4318

📝 Maximum Garnishment Amounts

Under both Florida and federal law, the amount that can be garnished is capped:

Up to 25% of disposable earnings, or
The amount by which weekly disposable earnings exceed 30 times the federal minimum wage, whichever is less.

💰 How Much of Your Wages Are Protected?

If your net weekly earnings are $750 or less, they are fully exempt from garnishment.
If your net weekly earnings exceed $750, only the amount over $750 can be garnished unless you did not consent to the garnishment in writing.

📑How the Garnishment Process Works in Florida

Step 1: Court Judgment

The creditor must first obtain a court judgment confirming that the debtor owes the money.

Step 2: Writ of Garnishment

The creditor files a Motion for Writ of Garnishment, and the court issues the writ, which is then served to the debtor’s employer.

Step 3: Employer Compliance

Upon receiving the writ, the employer is legally required to withhold the specified amount from the debtor’s paycheck and remit it to the court.

Step 4: Debtor’s Right to Claim Exemptions

The debtor has 20 days to respond with a claim of exemption. If accepted, garnishment may be reduced or blocked entirely.

How to Stop a Wage Garnishment

Debtors have several options:

- File a Claim of Exemption (e.g., head of household)
- Negotiate a settlement with the creditor
- File for bankruptcy, which imposes an automatic stay
- Pay the judgment in full

📚 Summary: Head of Household Wage Garnishment Exemption in Florida

Requirement	Rule
Supports at least 50% of a dependent’s needs	Required under Fla. Stat. § 222.11
Net earnings ≤ $750/week	Fully exempt from garnishment
Net earnings > $750/week	Partially exempt unless waiver exists
Must file affidavit and exemption claim	Yes, with the court and creditor
Garnishment after exemption filed	Court must issue order to stop it
Garnishment refund	May be possible after court ruling

Mike Weston, Esq.

Mike Weston is a seasoned debt lawsuit defense attorney and founder of Weston Legal. Since 2005, Mike has devoted his career to compassionately helping consumers struggling with issues involving their personal and business debts. Mike is grateful to have been able to help tens of thousands of clients become empowered with knowledge on the path to financial stability.