Wage Garnishments and Head of Household Exemption

Wage garnishments are often pursued by creditors once a formal lawsuit has been filed and the creditor obtains a judgment from the court

. Wages can be garnished for a variety of different debts including credit card accounts, credit lines, home equity lines, and deficiency judgments obtained after a mortgage foreclosure. Wage garnishments often leave potential clients without funds necessary to stay current on other obligationsincluding rent, groceries, car loans and even utilities. Recognizing the financialdistress that can be caused by wage garnishments,state and federal laws provide a level of protection to individuals and families. If your wages are garnished or, preferably,prior to your wages beinggarnished contact aWestPalm Beach bankruptcy attorney andlawyer to discuss the protections availableagainst wage garnishments both once a bankruptcy is filed and before.

While theprotections availablediffer based on state and federal law and aretoo complicatedto cover in great detailoutside ofa consultation, the most well known protection isthat afforded the so called "head of household".Once a garnishment has occurred the most frequent question is whether or not a bankruptcy is needed or whether the potential client can protect themselves without bankruptcy through the application of the Section 222.11, Florida Statutes ("Exemption of wages from garnishment"). In many cases, wages may be completely exempt from wage garnishment.

The statute defines the head of household ("head of family") as "any natural person who is providing more than one-half of the support for a child or other dependent". If the wages are being garnished or threatened and the person meets this definitionall 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. If the disposable earnings of a head of a family, are greater than $500 a week, the disposable earnings 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 (5 U.S.C. s. 1673).

A West Palm Beach bankruptcy attorney and lawyer should be consulted because in many cases bankruptcy attorneys understand the application of various protections available against creditors because many of the same exemptions used in bankruptcy cases are equally applicable under state law. To properly assert these protections it iscritical to consult with an attorney.In Florida, bankruptcy courts apply state law on many issues and this often means these protections can be used by attorneys to protect wages and assets without filing bankruptcy.However, these protections, while valuable, do not eliminate the debt therefore a bankruptcy or other debt relief alternative will be required in many cases.

Wage Garnishments and Head of Household Exemption

By: Ashley Johnson

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