Few financial pressures feel as overwhelming as wage garnishment. When money is being taken directly out of your paycheck before you ever see it, paying rent, buying groceries, or covering basic expenses can feel impossible.
The good news is that bankruptcy can provide immediate relief by stopping wage garnishment in its tracks.
At Parker & DuFresne, we help clients throughout Jacksonville understand how bankruptcy works to protect income and restore financial stability. Let’s explore how wage garnishment works in Florida and how bankruptcy can give you the protection you need.
Wage garnishment is a legal process that allows a creditor to take a portion of your paycheck to collect on a debt. In Florida, common types of debts that lead to garnishment include:
Some types of debt, such as child support, alimony, and federal student loans, have their own garnishment rules and may not require a court order.
Florida law generally limits wage garnishment to 25% of your disposable income (the money left after taxes and mandatory deductions) or the amount by which your income exceeds 30 times the federal minimum wage, whichever is less.
However, there are important exceptions and protections:
Even with these protections, many Floridians still find themselves losing a significant portion of their paycheck to creditors.
That’s where bankruptcy comes in.
When you file for Chapter 7 or Chapter 13 bankruptcy, the court immediately issues an automatic stay.
What the Automatic Stay Does:
This protection is powerful and takes effect as soon as your case is filed. In many cases, the garnishment stops before your next paycheck is issued.
Chapter 7 Bankruptcy
If you qualify, Chapter 7 bankruptcy can completely eliminate the unsecured debts that caused the garnishment, such as credit card or medical debt. Once those debts are discharged, creditors can no longer garnish your wages.
Chapter 13 Bankruptcy
If you don’t qualify for Chapter 7 or want to catch up on secured debts like a mortgage, Chapter 13 bankruptcy provides a repayment plan. During this time, the automatic stay prevents wage garnishment, and you make structured payments through the bankruptcy court instead of directly to creditors.
In some cases, yes. If your wages were garnished shortly before filing bankruptcy—typically within 90 days—and the amount was over $600, you may be able to recover those funds.
An experienced bankruptcy attorney can help determine if this applies to your situation.
The longer you wait to address wage garnishment, the harder it becomes to pay your bills. Creditors can continue to collect judgment interest, and your financial situation can spiral.
Filing for bankruptcy not only stops garnishment but also provides a path toward a fresh financial start.
Bankruptcy law is complex, and Florida’s wage garnishment rules add another layer of challenges. At Parker & DuFresne, we know how to:
Wage garnishment can make a tough financial situation feel unbearable, but bankruptcy provides powerful protection. By filing, you can stop garnishment immediately, eliminate qualifying debts, and take control of your paycheck again.
If you’re facing wage garnishment in Florida, don’t wait until the next paycheck is taken. Contact Parker & DuFresne today to speak with an experienced Jacksonville bankruptcy attorney.
We’ll help you protect your income and build a stronger financial future.
Dealing with bankruptcy doesn’t have to be a single-person job. The bankruptcy lawyers at Parker & DuFresne will help you determine the best course of action to help you get out from under your debt and move forward to a debt-free future.
Call today at 904-733-7766 for a free consultation, or click the button at the top of the page to schedule online.
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