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Training For Florida Garnishment Law Requirements

What Is A Garnishment?

A wage garnishment is any legal or equitable procedure through which some portion of a person's earnings is required to be withheld by an employer for the payment of a debt. The six basic types of garnishments are child support, federal, state, or local levies, creditor garnishments, and student loans, with the largest amount of garnishments being for child support.

About Florida Garnishment Laws

Florida garnishment laws govern when and how creditors can withhold wages or other assets to collect debts. Employers must follow applicable garnishment orders, withholding limits, exemptions, response deadlines, and priority rules, with separate requirements often applying to child support, taxes, and other government obligations.

Compliance Overview At A Glance

• Maximum percentage: 25%, subject to Florida exemptions
• Threshold: Florida statutory exemption rules
• Employer answer deadline: 20 days
• Administrative fee: Yes for child support
• Employer cost recovery: $25 for first child-support deduction and $3 for each subsequent deduction
• Priority rule: Child support and certain statutory claims have priority
• Form name: Writ of Garnishment / Answer of Garnishee

Common Garnishment Errors In Florida To Avoid

• Failing to check Florida's exemptions before calculating the withholding
• Missing the required deadline for the answer of garnishee
• Failing to account for child support or other priority obligations

Florida Garnishment Law Requirements

Florida employers that receive a wage garnishment must comply with Florida garnishment requirements as well as applicable federal law. Florida provides substantial protection for the wages of a head of family and establishes specific procedures for continuing wage garnishments. Special rules apply to child support, taxes, bankruptcy, and other priority obligations.

Florida Wage Garnishment Overview

In Florida, a wage garnishment generally follows a judgment against a debtor. A judgment creditor may obtain a writ of garnishment directing an employer to withhold wages owed to the judgment debtor.

Florida's garnishment procedures are primarily governed by Chapter 77 of the Florida Statutes. Florida also provides a specific wage exemption under Florida Statutes § 222.11 for certain heads of family.

Florida Wage Garnishment Exemption

Florida provides a significant exemption for the disposable earnings of a head of family. Under Florida Statutes § 222.11, all disposable earnings of a head of family are exempt from attachment or garnishment when the individual's disposable earnings are $750 or less per week.

For purposes of the statute, a head of family generally means a natural person who provides more than one-half of the support for a child or other dependent.

When a head of family's disposable earnings exceed $750 per week, those earnings generally may not be garnished unless the employee has agreed otherwise in writing. Employers should review the employee's circumstances and the garnishment documents before withholding wages from an individual who may qualify for the head-of-family exemption.

Disposable Earnings

Florida defines disposable earnings as the portion of earnings remaining after deductions of amounts required by law to be withheld. Earnings include compensation paid or payable for personal services or labor, including wages, salary, commissions, and bonuses.

For purposes of Florida's head-of-family exemption, payroll should therefore determine the employee's disposable earnings after legally required withholdings before applying the statutory exemption.

Employers should not automatically apply a garnishment percentage to gross wages. The employee's applicable exemption status and disposable earnings must be determined first.

Florida Garnishment Process and Employer Response

After judgment, a creditor may seek a writ of garnishment against an employer that owes wages to the judgment debtor. Florida Statutes § 77.04 requires the writ to direct the garnishee to serve an answer on the plaintiff within 20 days after service of the writ, with up to one additional business day for the garnishee to act expeditiously on the writ.

The garnishee's answer must state whether the employer is indebted to the judgment debtor, the amount owed, and whether the employer has possession or control of any tangible or intangible personal property belonging to the debtor.

Employers should therefore:

• Record the date the writ of garnishment is received
• Review the writ and accompanying documents immediately
• Verify whether the named judgment debtor is an employee
• Determine the employee's disposable earnings for the applicable pay period
• Determine whether the employee qualifies for the Florida head-of-family wage exemption
• Apply any applicable Florida and federal garnishment limitations
• Complete and serve the required garnishee answer within the applicable deadline
• Begin withholding nonexempt wages as required by the continuing writ
• Remit withheld wages according to the instructions in the writ or court order
• Continue withholding while the garnishment remains in effect
• Maintain records of the garnishment, calculations, withholding, payments, and related correspondence

Continuing Wage Garnishment

Florida Statutes § 77.0305 requires a court to issue a continuing writ of garnishment when salary or wages are being garnished to satisfy a judgment. The continuing writ provides for periodic payment of a portion of the employee's salary or wages as those wages become due until the judgment is satisfied or the court otherwise provides.

This means that an employer generally must continue processing the garnishment from subsequent paychecks rather than treating the writ as a one-time deduction.

The continuing writ remains effective until the judgment is satisfied or the court otherwise terminates or modifies the garnishment.

Employer Administrative Costs

Florida Statutes § 77.0305 allows an employer to collect up to $5 from the employee's salary or wages for the first deduction made under a continuing wage garnishment and up to $2 for each deduction thereafter as reimbursement for administrative costs.

Employers should account for any permitted administrative deduction separately from the amount being withheld to satisfy the judgment and ensure that the deduction is handled in accordance with the garnishment order and applicable law.

Florida Head-of-Family Exemption and Written Agreements

A head of family whose disposable earnings are $750 or less per week generally has complete protection from attachment or garnishment under Florida Statutes § 222.11.

When disposable earnings exceed $750 per week, the employee's wages generally remain protected unless the employee has agreed in writing to permit garnishment. Employers should not assume that wages above $750 are automatically subject to garnishment merely because the employee earns more than the statutory threshold.

Payroll should review the garnishment documents and any applicable written agreement before withholding wages from an employee who qualifies as a head of family.

Employee Exemption Claims and Hearings

Florida provides a procedure for an individual defendant to claim an exemption from garnishment. Florida Statutes § 77.041 requires the plaintiff to provide the defendant with notice of the right to claim an exemption and the procedure for requesting a hearing.

An employee may be able to assert the head-of-family wage exemption or another applicable exemption. The court determines disputed exemption issues.

Employers should not independently determine whether an employee's exemption claim is legally valid. Payroll should follow the garnishment and any subsequent court instructions concerning the employee's exemption status.

Garnishee's Answer

The employer's answer is an important part of the Florida garnishment process. Florida Statutes § 77.04 requires the garnishee to state whether it is indebted to the judgment debtor at the time of the answer, whether it was indebted at the time the writ was served, the amount owed, and whether it possesses or controls property belonging to the debtor.

If the employer answers that it owes wages to the employee, the garnishment proceeds under the applicable continuing-writ requirements. If the employer does not owe the employee anything, the employer should accurately state that fact in the answer.

Employers should never ignore a garnishment or submit an inaccurate answer. Florida law provides procedures for obtaining a judgment against a garnishee that fails to comply with the writ.

Remitting Garnished Wages

Once withholding is required, the employer must remit the applicable amount according to the continuing writ and court instructions. The garnishee should retain appropriate records showing the date and amount of each deduction and payment.

Employers should not make payments directly to the judgment creditor unless the garnishment documents or court instructions authorize or require that method of payment.

Multiple Garnishments

An employee may have multiple garnishments or withholding orders. Employers should review the priority rules applicable to each obligation before processing a new garnishment.

Child support and certain other support obligations generally receive priority over ordinary consumer-debt garnishments. Federal law also limits the total amount that may be withheld from disposable earnings during a pay period.

Payroll should maintain accurate records of all active garnishments, including the date each order was received, the type of obligation, the amount subject to withholding, and the priority of each order.

Child Support and Family Support Garnishments

Child support and spousal support withholding orders are subject to special federal and Florida requirements and generally receive priority over ordinary judgment-creditor garnishments.

Federal law generally permits withholding for support obligations of up to 50% of disposable earnings when the employee is supporting a spouse or dependent child other than the person covered by the support order, or up to 60% when the employee is not supporting such a spouse or dependent child. An additional 5 percentage points may apply when the support obligation is more than 12 weeks in arrears.

Employers processing child support or other family-support withholding orders should follow the specific order and apply all applicable federal and Florida requirements rather than automatically applying the Florida head-of-family exemption for ordinary judgment debts.

Tax Garnishments

Federal and Florida tax collection proceedings are subject to specialized rules that may differ from an ordinary judgment-creditor garnishment.

Federal tax levies generally have their own exemption and withholding calculations, while Florida tax collection actions may be governed by separate state procedures. Employers should follow the instructions provided by the applicable taxing authority rather than automatically applying the ordinary Florida wage-garnishment rules.

Bankruptcy and Other Specialized Orders

Bankruptcy proceedings, federal tax levies, child support orders, and certain other obligations are subject to specialized federal or state rules. The ordinary Florida wage-garnishment exemption should not automatically be applied to every type of withholding order.

Employers should review the issuing authority's instructions and determine which federal and Florida requirements apply before processing specialized withholding orders.

Federal Garnishment Limits Still Apply

Florida employers must comply with applicable federal garnishment protections in addition to Florida law. For ordinary consumer debts, the federal Consumer Credit Protection Act generally limits garnishment to the lesser of 25% of disposable earnings or the amount by which disposable earnings exceed 30 times the federal minimum hourly wage.

Florida's head-of-family exemption can provide substantially greater protection than the federal minimum standard for employees who qualify. Employers should determine whether Florida's exemption applies before applying the federal ordinary-debt garnishment calculation.

Different federal limits apply to child support, certain tax obligations, bankruptcy, and other specified debts. Employers should identify the type of obligation before determining the amount that may legally be withheld.

Protection Against Discharge

Federal law generally prohibits an employer from discharging an employee because the employee's earnings have been garnished for any one indebtedness.

Employers should not retaliate against an employee because of a garnishment or alter the employee's normal compensation or pay schedule for the purpose of avoiding the garnishment.

When to Stop Withholding

Because Florida uses continuing writs for wage garnishments, employers should continue withholding while the writ remains in effect.

The employer should stop withholding when the judgment has been satisfied or when the court otherwise terminates, modifies, or releases the garnishment. Employers should not stop withholding solely because an employee states that the underlying debt has been paid.

Important Employer Compliance Point

A Florida wage garnishment should not be treated as a simple instruction to withhold a fixed percentage of an employee's paycheck. Payroll must identify the type of obligation, determine disposable earnings, determine whether the employee qualifies for the Florida head-of-family exemption, apply applicable federal limitations, complete the required garnishee response, and remit funds according to the continuing writ.

For an employee who qualifies as a head of family, Florida generally exempts all disposable earnings up to $750 per week from garnishment. Disposable earnings above $750 per week generally cannot be garnished unless the employee has agreed in writing. These protections are separate from and may be more generous than the federal limitations applicable to ordinary consumer debts.

Florida Garnishment Records

Employers should maintain records of all garnishment orders, dates of service, employee notices, exemption information, disposable-earnings calculations, amounts withheld, administrative fees, payments made, and correspondence concerning the garnishment.

Accurate records are particularly important when an employee has multiple garnishments, a support withholding order, an exemption claim, or a court proceeding affecting the employer's withholding obligations.

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