judgement for defaulting on home equity loan

by dan
(coral springs, fl usa)

can they garnish my wages in florida

Comments for judgement for defaulting on home equity loan

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Dec 23, 2010
Wage Garnishment
by: Mary

Yes, wage garnishment is legal in Florida, assuming the lender to whom you owe the money has sued you and gotten a court judgment against you. However, there are limits on garnishment in your state. For example, if you are the head of your household and your net wages are less than $500 a week, your wages cannot be garnished unless you provide written permission to allow the money to be taken. In Florida, the head of a household is defined as someone who provides more than half of the support for a child or another dependent. To take advantage of this exemption however you must go to court and file an affidavit declaring that you are the head of your household.

If you are not the head of your household, you will be protected somewhat by federal law, which limits the amount of money that can be taken from your wages to pay a debt. Normally this means that only 25% of your net wages can be garnished.

I strongly recommend that if you anticipate that your wages are going to be garnished (or if they are being garnished now) that you meet with a consumer law attorney in your area who works with people who are having debt collection problems to find out about your rights in that regard so that you can be sure that the appropriate amount is being taken and so you can be sure that you are not exempt from garnishment. The first meeting with the attorney should be free.

I also recommend that you meet with a bankruptcy attorney because filing for bankruptcy will stop the garnishment. The attorney will examine your financial situation and advise you about whether or not you are a good candidate for bankruptcy. Click here for a free consultation with a bankruptcy attorney.

Please share what happens with your situation in the comments section for this question. We are very interested in hearing how this turns out for you, and your experience can help others in situations similar to yours.

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