How to Stop Wage Garnishment in Jacksonville and St. Augustine

Few things are more alarming than opening a paycheck and finding a chunk of it missing. Wage garnishment in Florida usually means a creditor has already sued you, won a judgment, and obtained a writ directing your employer to withhold part of your earnings. The good news is that Florida law offers strong protections, and bankruptcy can stop a garnishment almost immediately.

How Garnishment Works in Florida

For most consumer debts, a creditor cannot garnish your wages without first obtaining a judgment in court. Once it does, it can ask the court for a continuing writ of garnishment served on your employer. Federal law caps the amount at 25 percent of your disposable earnings or the amount by which your weekly disposable earnings exceed 30 times the federal minimum wage, whichever is less.

Some debts follow different rules. Child support, unpaid federal taxes, and defaulted federal student loans can be collected through garnishment without a judgment and are subject to different limits.

Florida’s Head of Family Exemption

Florida provides a protection that many Jacksonville and St. Augustine residents never learn about until it is too late. If you qualify as head of family, meaning you provide more than half the support for a child or other dependent, your wages are largely exempt from garnishment. Disposable earnings of $750 per week or less cannot be garnished at all. Earnings above that amount can be garnished only if you agreed to it in writing.

The catch is that the exemption is not automatic. You must claim it by filing an affidavit with the court, usually within 20 days of receiving notice of the garnishment. Missing the deadline can mean losing the protection for that writ. If you believe you qualify, act quickly.

How Bankruptcy Stops Garnishment

Filing bankruptcy triggers the automatic stay, a federal injunction that requires creditors to stop all collection activity, including wage garnishment. Once your employer receives notice of the filing, withholding must end. In many cases, wages garnished in the 90 days before filing can be recovered if the amount exceeds the statutory threshold.

Beyond stopping the garnishment, bankruptcy addresses the underlying judgment. In Chapter 7, most judgment debts arising from credit cards, medical bills, and personal loans are discharged entirely. In Chapter 13, the debt is folded into a repayment plan at terms you can actually afford, and the balance remaining at the end of the plan is discharged.

Other Options to Consider

• Challenging the judgment if you were never properly served with the original lawsuit.
• Negotiating a voluntary payment arrangement with the creditor in exchange for dissolving the writ.
• Claiming other exemptions, such as protections for Social Security, disability, and retirement income.

Which approach fits depends on the type of debt, your household situation, and whether other creditors are likely to follow. Garnishment is often the first of several collection actions, which is why it is worth looking at the whole picture rather than solving one writ at a time.

Talk to a North Florida Debt Defense Lawyer Today

Albaugh Law Firm defends consumers against creditor lawsuits, garnishments, and aggressive collection across Duval and St. Johns counties. Our attorneys are former prosecutors who know how to fight in court and how to use bankruptcy law to protect your income. With offices in Jacksonville and St. Augustine, we offer free, confidential consultations. Call 904-471-3434 or learn more about our Jacksonville bankruptcy and debt defense services.