What is a garnishment?
A garnishment is a legal process where a creditor is allowed to take money directly from an individual’s bank account, wages, or other assets, in order to pay off a debt. Creditors Rights Law in Florida outlines how these garnishments must be carried out. Creditors must first obtain a judgment against the debtor in court. This judgment allows the creditor to collect from the debtor’s assets. Once the judgment is issued, the creditor can then file a writ of garnishment. This writ requires the debtor’s employer or bank to withhold a certain amount of the debtor’s earnings or assets and give it to the creditor. The amount of money that can be garnished in Florida is limited by law. According to Florida law, the maximum amount that can be garnished from a debtor’s wages is 25% of their disposable earnings. For a bank account garnishment, the amount that can be seized depends on the amount of funds that are in the account. The maximum amount that can be garnished is the lesser of either the total amount of funds in the account or 25% of the debtor’s disposable earnings. In Florida, the maximum amount that can be garnished from Social Security benefits is garnished by the federal government, not the state. Garnishment is a serious legal matter and must be followed according to the law. If a creditor does not follow the correct procedures in a garnishment case, the debtor can file a complaint with the courts and potentially have their garnishment order dismissed.
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