Q: Can my wages be garnished if I am a 1099 employee making less than 750 per week. My gross was 33K and AGI is 21K for 23
I am also a stage 4 cancer patient with two children living with me ages 16 and 14
A: The creditor is entitled to a garnishment. In Florida, the debtor has exemptions to the garnishment action, which the debtor must declare and prove at a hearing on those exemptions. If a garnishment action is filed, the action is directed to the debtor's employer, who must immediately withhold the required amount per pay period. The plaintiff and/or the clerk of court is required to send the debtor a notice and a form that allows the debtor to declare the exemptions and ask for a hearing. The fact that you're a stage 4 cancer patient is sad, but legally irrelevant to the garnishment action. Much more relevant are the two children. If you are garnished, you would do well to seek an attorney's advice. Depending on where you are located, your local Legal Aid may be able to assist.
Terrence H Thorgaard agrees with this answer
A: If you provide the majority of the support for the children, your wages would be exempt. You must file the claim of exemption within 20 days of receiving notice that your income has been garnished.
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