Wage Garnishment Process in Florida

[BellaVictim]

Hello Everyone,

I just have a couple questions about the process of wage garnishment.

1) By law, do I have to send the judgement debtor a demand a letter?

2) If I was to send the judgement debtor a demand letter should I state that if I do not receive the monies owed that I will garnish wages? (I'm afraid person will quit job and move away.)

Thank you!

[moburkes]

Hello Everyone,

I just have a couple questions about the process of wage garnishment.

1) By law, do I have to send the judgement debtor a demand a letter?

2) If I was to send the judgement debtor a demand letter should I state that if I do not receive the monies owed that I will garnish wages? (I'm afraid person will quit job and move away.)

Thank you!

Quitting their job wouldn't help the debtor. They still need to work, and their wages can be garnished as long as they don't move to Texas, right?

[Betty3]

Just a FYI - Fl. does not allow wage garnishment of a person who is head of household. (for unsecured debt) Actually, there is no law in Fl. prohibiting garnishment of wages for head of household but there are laws that make it very hard/difficult to do so.

[aaron]

Garnishment procedure is governed by statute, Florida Statutes §§ 77.01 - 77.28.

[Betty3]

One of the exemptions is head of family wages: You provide more than 1/2 of the support for a child or other dependent & have net earnings of less than $500.00 a week or you provide more than 1/2 the support for a child or other dependent, have net earnings of more than $500.00 a week but have not agreed in writing to have your wages garnished. There are other exemptions also - see statute 77.041. I would read the entire Fl. statutes Aaron gave re garnishment.

[BellaVictim]

Hello everyone,

Its been a month since I was awarded my judgement. So legally she cannot appeal, right? I just found out that she moved and changed both of her phone numbers ... so I have to have her wages garnished ASAP!

*Can she appeal the judgement against her? Today makes it a month since the judge signed the judgement.

[aaron]

States often have procedures for delayed appellate review, but it is ordinarily much more difficult to obtain. If the time period for an appeal by right has expired and the judgment has been deemed final, I wouldn't be concerned about the possibility of an appeal. I doubt that this person would want to incur the cost.