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6 Options If Your Wages Are Being Garnished Try To Work Something Out With The Creditor. File a Claim of Exemption. Challenge the Garnishment. Consolidate or Refinance Your Debt. Work with a Credit Counselor to Get on a Payment Plan. File Bankruptcy.
The head of household exemption is one of the most common asset protection exemptions in Florida. The exemption is asserted as a defense to garnishment of a debtors wages. The exemption allows a judgment debtor to exempt their earnings from garnishment, including salary, wages, commissions, or bonus.
, the maximum amount that can be withheld for garnishment shall be either 25% of the weekly disposable earnings or the amount by which the weekly disposable earnings exceed 40 times the F.M.W.R.
To start to receive the money, you must give the court clerk proof that you served the Notice of Garnishment on the debtor , garnishees, and co-owners. You can do this by filing your Affidavits of Service with the court. The court will hold your first garnishment payment for 30 days.
Respond promptly to the court order (if the order requires). The employer must return a statutory response form within the required amount of time (set by the court order). The form is typically sent to the employer with the garnishment order. Respond quickly to avoid the risk of a court-issued penalty.
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If you are served with a garnishment summons, do not ignore these documents because they do not directly involve a debt that you owe. Instead, you should immediately freeze any payments to the debtor, retain the necessary property, and provide the required written disclosure.
The creditor decides the garnishment time frame. The judgment creditor must decide whether it wants the garnishment to last 30, 60, 90, or 180 days. After the garnishment expires, the creditor has to renew the garnishment. Your employer, as garnishee, makes the garnishment payments to the court during this time frame.
Wage garnishment is a legal procedure in which a persons earnings are required by court order to be withheld by an employer for the payment of a debt such as child support.
A debt collector ultimately could garnish your bank account or your wages if you live in Florida. The first thing they would need to do is file a lawsuit against you for the debt, once they obtained a judgment, they can record that judgment and proceed with debt collection.
Virginia law requires that payments for support ordered by a court or by the Division of Child Support Enforcement must be deducted from the maximum amount of disposable earnings subject to garnishment as calculated above in the Second Step to determine the amount left for garnishments.

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