Wage garnishment is allowed after a creditor has been granted a judgment by a court of law. A creditor is able to garnish wages based on the limits set by the state of Florida. Florida law allows 25% of wages to be garnished in most cases. Once garnishment is in place and established, filing bankruptcy can prevent further wage garnishment. The exception to this is in cases where your wage garnishment is due to child support.
Consult with a Florida attorney who specializes in bankruptcy. Contact his office and schedule a time to have a free consultation to discuss the wage garnishment issue.
Form a list showing all of your monthly income and outgoing expenses. Make copies of any court orders allowing the creditor to garnish your wages. If a judgment was issued by a Florida court, make copies of the judgment to give to the attorney.
Meet with the attorney and discuss your situation and options. The attorney will review your information and inform you if filing bankruptcy is possible or if he has determined another way to stop the garnishment. Florida allows sole providers for the family to be exempt from wage garnishment as long as the garnishment is not for child support.
Proceed in the direction you feel best after getting advice from the attorney. If you file bankruptcy, the attorney will contact the creditor to halt garnishment. If he can petition the Florida courts to alter the wage garnishment order, he will set up the court dates and advise you of the process.
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