Garnishment in Florida
Garnishment is a legal process where a court orders a third party to withhold and turn over a debtor's money or property to a creditor. Florida garnishment (Chapter 77) requires a court order and provides significant debtor exemptions.
Process
- Creditor obtains a final judgment
- Files motion for writ of garnishment
- Court issues writ to garnishee (employer or bank)
- Garnishee holds funds and files an answer
- Debtor has 20 days to claim exemptions
- Court orders turnover if no valid exemption applies
Florida Exemptions
- Head of household wages: 100% exempt (broadest in the nation)
- Social Security: Fully exempt
- Disability/workers' comp: Exempt
- Retirement accounts: IRAs, 401(k)s, pensions exempt
- Bank accounts: $1,000 automatic statutory exemption for an individual debtor
- Annuities/life insurance: Cash value exempt
Key Rule
Exemptions must be claimed within 20 days of service. Failure to claim exemptions can result in loss of protection.
Related Terms
- Encumbrance — Judgments leading to garnishment
- Exempt Property — Assets protected from garnishment
- Equity — Property equity subject to collection
Barnes Walker Litigation
Barnes Walker's attorneys handle garnishment proceedings for both creditors and debtors in Florida courts. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC