Can Bankruptcy Stop Wage Garnishment in Florida?

Few things are more stressful than opening your paycheck and finding that a creditor has taken a big piece of it. If your wages are being garnished, or you've been warned that garnishment is coming, you may be wondering how you'll cover rent, groceries and other bills.

The good news is that bankruptcy can stop most wage garnishments, often right away. At the Law Offices of Michael H. Johnson, we help people in Fort Lauderdale, West Palm Beach and across South Florida protect their paychecks and get a fresh start. Here's how it works.

How Wage Garnishment Works in Florida

In most cases, a creditor can't garnish your wages on its own. For debts like credit cards, medical bills and personal loans, the creditor must first:

File a lawsuit against you
Win a court judgment
Obtain a writ of garnishment from the court
Serve the writ on your employer

Your employer is then required to withhold part of your pay and send it to the creditor until the judgment is paid.

How Much Can a Creditor Take?

Under federal law, a creditor with a judgment can generally garnish up to 25% of your disposable earnings, or the amount by which your weekly earnings exceed 30 times the federal minimum wage, whichever is less. For many families, losing a quarter of each paycheck is devastating.

Florida's Head of Family Exemption

Florida law offers extra protection under Florida Statute § 222.11. You may qualify as a "head of family" if you provide more than half of the support for a child or other dependent. If you do:

Disposable earnings of $750 a week or less are completely exempt from garnishment
Earnings above $750 a week are also protected unless you agreed in writing to allow garnishment
Protected wages deposited in a bank account can remain exempt for six months, if they can be traced

To use this protection, you must act quickly. After you receive notice of a garnishment, you generally have 20 days to file a claim of exemption with the court.

How Bankruptcy Stops Garnishment: The Automatic Stay

The moment you file a Chapter 7 or Chapter 13 bankruptcy case, a federal court order called the automatic stay takes effect. The stay requires most creditors to immediately stop:

Wage garnishments
Bank account levies
Collection lawsuits
Collection calls and letters
Foreclosures and repossessions

Once your case is filed, your attorney notifies the creditor and your employer so the garnishment stops. Learn more about the bankruptcy process.

Chapter 7 vs. Chapter 13

Chapter 7: In a Chapter 7 bankruptcy, the garnishment stops when you file. If the underlying debt is dischargeable, such as a credit card or medical bill, it is wiped out permanently and the garnishment can never resume. See how to qualify for Chapter 7 in Florida.

Chapter 13: In a Chapter 13 bankruptcy, the garnishment also stops. Your debts are reorganized into one affordable monthly payment over three to five years. This option can help if you owe debts that can't be discharged, or if you need to catch up on a mortgage or car loan.

Garnishments Bankruptcy May Not Stop

Some garnishments work differently:

Child support and alimony: The automatic stay does not stop wage withholding for domestic support obligations.

Recent taxes: Bankruptcy stops IRS collection while the case is active, but many tax debts can't be discharged. Chapter 13 can let you pay them over time.

Federal student loans: The stay stops garnishment during the case, but student loans are discharged only in limited circumstances.

Can You Get Garnished Wages Back?

Sometimes. If a creditor garnished more than $600 from you in the 90 days before you filed bankruptcy, you may be able to recover that money as a "preferential transfer." The funds must be protected by an available exemption. Timing matters, so talk to a bankruptcy attorney as soon as a garnishment begins.

What to Do If Your Wages Are Being Garnished

Don't ignore court papers. If you've been sued, respond before a default judgment is entered.
Check your exemption. If you support a child or dependent, you may qualify for Florida's head of family protection.
Watch the deadline. You have only 20 days to file a claim of exemption after notice.
Gather your documents. Collect pay stubs, the garnishment notice and any lawsuit papers.
Talk to a bankruptcy attorney. The sooner you act, the more of your paycheck you can protect.

Frequently Asked Questions

How quickly does bankruptcy stop a garnishment?
The automatic stay takes effect the moment your case is filed. Your employer typically stops withholding as soon as it receives notice, often before your next paycheck.

Can my employer fire me because of a garnishment?
Federal law prohibits an employer from firing you because your wages are garnished for a single debt. Stopping the garnishment through bankruptcy also removes the burden from your employer.

Will bankruptcy stop a bank account garnishment too?
Yes. The automatic stay applies to bank account garnishments and levies as well as wage garnishments.

Stop the Garnishment and Protect Your Paycheck

You work hard for your income, and you have options to protect it. Attorney Michael H. Johnson has more than 24 years of experience helping South Florida residents stop garnishments and eliminate debt through Chapter 7 and Chapter 13 bankruptcy. When you call, you work directly with him, not a paralegal or case manager.

We offer free, confidential consultations and payment plans. Call 954-737-5800 or contact us online to schedule yours. You can also find answers in our bankruptcy FAQ.

Disclaimer: This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Every situation is different, so please consult a qualified bankruptcy attorney about your specific circumstances.

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