Garnishment Law Summaries

Florida's garnishment law is found in the Florida Statutes, Chapters 77 and 222.

DEFINITIONS

"Earnings" includes compensation for personal services or labor, whether denominated as wages, salary, commission, or bonus (Sec. 222.11).

"Disposable earnings" means the part of the earnings of any head of family remaining after deductions required by law. "Head of family" is a person who is providing more than one-half of the support for a child or other dependent (Sec. 222.11).

COVERAGE

All employees, including employees of the state or its agencies or political subdivisions, including the judicial branch and the legislative branch, are subject to wage garnishment (Sec. 77.0305).

PROCEDURES

Amounts exempt from or subject to garnishment. --Up to $500 per week of the disposable earnings of a head of family are exempt from attachment or garnishment. Disposable earnings greater than $500 a week cannot be attached or garnished unless the employee agrees in writing. Such garnishments are subject to federal garnishment limits. Exempt earnings that are credited or deposited in any financial institution are exempt from garnishment for six months after they are received by the financial institution if they can be traced and properly identified as wages (Sec. 222.11). Amounts payable from a retirement plan, including Roth IRAs, are exempt (Sec. 222.21). Amounts paid into or out of a medical savings account are exempt (Sec. 222.22).

Death of employee. --In the event of an employee's death, an employer may pay to the surviving spouse (or, if none, to a surviving child over age 18) any wages or travel expenses due the employee at the time of death (Sec. 222.15). Such wages and up to $300 of travel expenses will not be considered part of the state subject to administration for garnishment (Sec. 222.16).

Disability benefits. --Disability income benefits under any life, health, accident or other insurance policy are not subject to attachment, garnishment, or legal process in favor of any creditor of the recipient of such benefits unless the policy was effected for the benefit of the creditors (Sec. 222.18).

Pensions. --Money received by an individual as a pensioner of the United States within three months preceding an execution, attachment, or garnishment may not be applied to payment of the pensioner's debts if the pension money is necessary for the support of the debtor or his family, except under a qualified domestic relations order (Sec. 222.21).

WHAT THE EMPLOYER MUST DO

An employer served with a garnishment order must withhold as instructed in the order. A writ of garnishment issued to an employer will require the employer to answer the creditor within 20 days stating whether he is or was indebted to the debtor/employee; in what sum; what tangible or intangible personal property of the employee he has or had; whether he knows of any other person indebted to the employee or who may have the employee's property in his possession or control (Sec. 77.04).

Employer fees allowed. --The employer may collect up to $5 against the employee's income as reimbursement for administrative costs for the first income deduction and up to $2 for each deduction thereafter (Sec. 77.0305).

WHO TO CONTACT

Employers with questions about a garnishment order should contact the issuer of the order.

PENALTIES

If an employer fails to answer the interrogatories as required, a default will be entered against him for the amount due plus interest and costs (Sec. 77.081). If the employer has the power to do so but will not surrender the employee's personal property, the court may order an execution against the employer for the amount due the creditor (Sec. 77.13).

This is a summary of Garnishment Laws in Florida.