Q: Can I seek exemption from wage garnishment in FL due to financial hardship?
I have a writ of wage garnishment delivered to my work on the 10th, but I haven't had a good mailing address in over four years to receive any related documents or respond. I earn $22.50 an hour, pay $750 a month in child support, and live in a sober living residence with no assets. The garnishment is from a 2011 judgment that I was not previously informed about, and I do not have legal representation. Am I able to ask for any form of exemption given these circumstances?
A: While there is a legal limit on how much they can garnish per pay period, you probably cannot get an exemption. You would need to speak directly with the attorney that is pursuing the wage garnishment to see if you can work something out. Speak with a debt defense lawyer for more specific advice.
A:
You should immediately get a "claim of exemption" form from the clerk of court, and if you are entitled to an exemption, you should complete and sign it and file it with the clerk. It appears that the child support you pay is not equal to half or more of your monthly wages, so your wages are probably not exempt from garnishment.
Were you not served with process before the judgment was entered? If so, that would explain why you were not aware of the lawsuit against you. Consider moving to set the judgment aside. And you should have notified the post office of your current mailing address. If your failed to do so, that may have been the reason you were not notified of the judgment.
Finally, if the judgment and writ of garnishment are appropriate, contact the judgment creditor (or their attorney) and attempt to negotiate a payment plan by which you might pay the judgment over time in exchange for ending the garnishment.
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