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Max amount a for a judgement in Florida?

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    Max amount a for a judgement in Florida?

    Just wondering if anyone knows the max amount by law can be garnished from a head of household pay check if a wage garnishment judgment(s) happens?

    We should be filing within the month and we are only 60 days behind but since one already went to collections I am worried now.

    Hypothetically if lets say 3 creditors were able to get a judgment and garnish wages is there a cap on the total amount that can be taken for all 3?

    Hope this makes sense to someone

    #2
    They must first have a judgment. Here is a very good link for you: http://library.findlaw.com/1998/Dec/1/126478.html Hope it helps. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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      #3
      Originally posted by AngelinaCatHub View Post
      They must first have a judgment. Here is a very good link for you: http://library.findlaw.com/1998/Dec/1/126478.html Hope it helps. 'Hub
      Cool...

      Thanx

      Comment


        #4
        The bottom line is $0 unless the head of household agreed in writing. However, that won't stop a judgment creditor from actually garnishing or freezing your bank account. Also, remember, that you may have to prove funds in your Bank account are from earnings, and they can't be more than 6 month old!!!



        Florida Statute 222.11 Exemption of wages from garnishment.--

        (1) As used in this section, the term:
        .
        .
        (c) "Head of family" includes any natural person who is providing more than one-half of the support for a child or other dependent.

        (2)(a) All of the disposable earnings of a head of family whose disposable earnings are less than or equal to $500 a week are exempt from attachment or garnishment.

        (b) Disposable earnings of a head of a family, which are greater than $500 a week, may not be attached or garnished unless such person has agreed otherwise in writing. In no event shall the amount attached or garnished exceed the amount allowed under the Consumer Credit Protection Act, 15 U.S.C. s. 1673.

        .
        .
        (3) Earnings that are exempt under subsection (2) and are credited or deposited in any financial institution are exempt from attachment or garnishment for 6 months after the earnings are received by the financial institution if the funds can be traced and properly identified as earnings. Commingling of earnings with other funds does not by itself defeat the ability of a head of family to trace earnings.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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          #5
          Greetings JB, you are my right hand person. Note our postings. OP, excuse the interuption, but JB and I go back a while. He is always good for researching. 'Hub
          If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

          Comment


            #6
            Originally posted by AngelinaCatHub View Post
            Greetings JB, you are my right hand person. Note our postings. OP, excuse the interuption, but JB and I go back a while. He is always good for researching. 'Hub
            Hey 'Hub! You're such a cool cat.
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog

            Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

            Comment


              #7
              Honestly...it is going to take them more than a month to file a judgment against you. A collection agency is really no big deal. Usually they can only garnish 25% of your wage. This all depends on your state and how much you make.

              Good luck....An automatic stay is coming soon.
              Filed - 12/24/08 (Merry Christmas Credit Cards!)
              341 - 2/5/09
              Confirmation - 3/13/09....Happy Dance!!!

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