Florida Bankruptcy Laws on Exemption Of Wages From Garnishment

Fla.Stat. §222.11 provides, in part, "(2)(a) All of the disposable earnings of a head of family whose disposable earnings are less than or equal to $500 a week are exempt from attachment or garnishment. (b) Disposable earnings of a head of a family, which are greater than $500 a week, may not be attached or garnished unless such person has agreed otherwise in writing. In no event shall the amount attached or garnished exceed the amount allowed under the Consumer Credit Protection Act, 15 U.S.C. s. 1673. (c) Disposable earnings of a person other than a head of family may not be attached or garnished in excess of the amount allowed under the Consumer Credit Protection Act, 15 U.S.C. s. 1673."

Operation of Florida bankruptcy laws

In practice, retaining status as "wages" for purpose of cash exemptions may be difficult for more than 30 days. Assume that wages convert to savings at some future date, which are not covered by the statute. Also, commingling current wages with savings or other accounts may destroy the application of this exemption. Creditors may file objections and, after notice and hearing, request the court to set aside all non-conforming exemptions.

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