Boca Raton Bankruptcy Lawyers

Wage Garnishment in Florida

Wage garnishment is a legal procedure which allows for a person’s earnings to be withheld by his or her employer for the payment of a debt, such as child support. The procedure must be required by a court and there are limits on who can have their wages garnished.

Title III of the Consumer Credit Protection Act (CCPA) prohibits an employer from discharging an employee whose earnings have been subject to garnishment for any one debt, regardless of the number of levies made or proceedings brought to collect it.

Florida’s laws concerning wage garnishment protect the head of a household’s wages from wage garnishment. This protection is unlimited. What that means is that regardless of how much the head of household makes, his or her earnings cannot be withheld to repay a debt.

A person is the “head of household” if he or she provides more than 50% of another person’s support. This person can be a child, elderly parent, or wife but he or she must be living in the same house. This provision in Florida’s statutes is designed to protect dependents of the family’s primary wage earner. The logic is that if the primary wage earner cannot support his or her family because his or her wages have been garnished, the state of Florida and its taxpayers will end up responsible for supporting the family.

The world of bankruptcy law is tricky at best and extremely confusing in many places. If you are considering filing for bankruptcy, it would be wise not to go it alone. For assistance in filing or information concerning filing for bankruptcy, contact the Boca Raton bankruptcy lawyers of Klein Attorneys at 561-353-2800 to discuss your situation and to determine your best option.