Contrary to what your creditors might want you to believe, there are effective legal measures to cease wage garnishment. As a skilled Tampa Bay bankruptcy lawyer, Dion R. Hancock, P.A. can provide the effective representation you need to dismiss wage garnishments.
A few tactics for putting a stop to wage garnishment include:
- Filing for bankruptcy: Declaring bankruptcy immediately enacts an automatic stay from creditors. This means all collection efforts, including wage garnishments, must be stopped by creditors.
- Formally protesting the amount of the garnishment: Federal and state laws are in place to limit the percentage of your wages that may be seized to pay off creditors. If it can be proven the amount is excessive or over the legal limits, you may be able to achieve a reduction or elimination of garnishment through a formal protest hearing.
- Invoking the Florida Head of Family exemption: If you provide more than half the support for a dependent child or other family member, you may qualify for a head of family exemption. This exemption is not automatic and must be “claimed” through a formal affidavit.
Can I be fired because of a wage garnishment?
No! Both federal and state law prohibit an employer from discriminating you in any way due to a wage garnishment. This includes terminating your employment. Granted, it is an inconvenience, but your employer is legally mandating to comply with the order and not harass you as a result. Florida law does allow for an employer to charge a small fee for each wage garnishment.
What is Wage Garnishment?
Simply speaking, wage garnishments are a means by which a creditor can seize a portion of your income in order to satisfy a debt. However, strict federal and state guidelines are in effect to govern who can garnish wages and how much they can collect. Unless the debt is categorized as nondischargeable, such as back taxes and child support, creditors must obtain a court order before they can confiscate any of your income. You must be given notice of how much the garnishment will be and to whom it will go.
If you or a loved one has received notice of an impending wage garnishment, you need to act immediately to safeguard your savings! Contact Attorney Dion R. Hancock today to schedule a free case evaluation to get started!
Get ahead of your debt
Phone call harassment, wage garnishment, or foreclosure proceedings will not stop unless you take the measures necessary to get ahead of your debt! For more than 20 years, we have been helping individuals resolve their debt crisis and put a stop to creditor harassment. Dion R. Hancock provides high-quality legal counsel to debtors in Clearwater, Tampa, and Hillsborough County.