When your paycheck is being garnished, it can feel like you’re losing control of your finances. Each payday brings more stress, and keeping up with living expenses becomes impossible.
Fortunately, filing for bankruptcy can stop wage garnishment immediately. And in many cases, eliminate the underlying debt.
At Parker & DuFresne, our Jacksonville bankruptcy attorneys have helped countless Floridians stop wage garnishment and regain financial stability.
In this article, we’ll explain how wage garnishment works, what your rights are under Florida law, and how bankruptcy can protect your paycheck.
Wage garnishment is a court-ordered process that allows a creditor to take money directly from your paycheck to repay a debt. Your employer is legally required to withhold part of your earnings and send that portion to the creditor until the debt is paid off or otherwise resolved.
Common types of debts that lead to garnishment include:
Credit card debt
Personal loans
Medical bills
Payday loans
Court judgments
Some debts, like child support, alimony, and federal student loans, can be garnished without a court judgment.
Florida has specific laws limiting how much of your income creditors can garnish. Under Florida Statute §77.0305, the limit is the lesser of:
25% of your disposable income (after taxes and mandatory deductions), or
The amount by which your income exceeds 30 times the federal minimum wage per week.
For 2025, the federal minimum wage remains $7.25 per hour, which means garnishment applies only to earnings above $217.50 per week.
Florida also offers a powerful protection known as the Head of Household Exemption. If you are the primary provider for a dependent—such as a child, spouse, or elderly parent—your wages may be completely exempt from garnishment, regardless of the debt amount.
However, you must claim this exemption in writing, and creditors often challenge it, so legal help is crucial to enforce your rights.
When you file for Chapter 7 or Chapter 13 bankruptcy, an immediate court order known as the automatic stay goes into effect.
The automatic stay halts nearly all collection actions against you, including:
Wage garnishments
Bank account levies
Foreclosure actions
Creditor lawsuits
Harassing phone calls and letters
This protection begins the moment your bankruptcy petition is filed—often before your next paycheck is issued.
Both types of bankruptcy can protect your paycheck, but they work differently:
Chapter 7 Bankruptcy
In Chapter 7 bankruptcy, qualifying unsecured debts—like credit cards, personal loans, and medical bills—are eliminated entirely. Once the debt is discharged, the creditor no longer has a legal right to garnish your wages.
Chapter 13 Bankruptcy
In Chapter 13 bankruptcy, you enter a structured repayment plan lasting three to five years. During this period, the automatic stay remains in effect, and wage garnishment stops. You’ll make affordable monthly payments through the court to catch up on secured debts (like mortgages or car loans) and pay off a portion of unsecured debts.
In some cases, yes. If a creditor garnished your wages within 90 days before filing for bankruptcy, and the total garnished amount was over $600, your bankruptcy attorney may be able to recover that money for you.
This process depends on several factors, including the type of debt and how the funds were handled, so it’s important to work with a skilled bankruptcy lawyer who understands Florida’s exemption laws.
Every paycheck you lose to garnishment makes it harder to stay afloat financially. Delaying bankruptcy can also mean losing the opportunity to recover garnished wages.
Filing sooner ensures that the automatic stay protects you quickly and prevents further harm to your financial stability.
While bankruptcy law offers strong protections, Florida’s exemption rules and court procedures can be complicated. At Parker & DuFresne, our attorneys understand how to:
File your bankruptcy case quickly to stop wage garnishment immediately
Assert your Head of Household Exemption to protect your income
Recover garnished wages when possible
Eliminate or restructure debt for long-term financial relief
We’ve helped thousands of Floridians rebuild their financial lives—and we can help you, too.
Wage garnishment doesn’t have to ruin your financial future. Bankruptcy offers powerful, immediate protection for your paycheck and a clear path toward a fresh start.
If you’re facing wage garnishment in Florida, contact Parker & DuFresne today for a consultation. Our experienced Jacksonville bankruptcy attorneys will review your situation, explain your options, and help you take back control of your income and your future.
You deserve a fresh start—let us help you take it.
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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