Most people do their best to repay their debts. Unfortunately, there are also people who do just about anything to avoid repaying what they owe. They might quit their jobs, move to new homes or change their phone numbers all in the hopes of avoiding collection activity.
When you need to collect on a debt owed by someone clearly intent on avoiding their responsibilities, a wage garnishment can be an effective solution. The state can order that their employer withhold some of their paychecks before it goes into their bank account, effectively forcing them to pay you.
However, there are income rules, meaning that not every garnishment attempt will result in the timely repayment of a debt or the plaintiff receiving any money at all.
What does Florida require for garnishment?
To request a garnishment, you only need proof of a valid debt or a past-due account. The person who owes the money must earn at least 30 times the federal minimum wage per week after their employer withholds taxes and certain other mandatory deductions.
A successful garnishment can result in a company claiming up to 25% of the total disposable income or any amount over 30 times the federal minimum wage, whichever is less. If someone only makes minimum wage, especially if they don’t work 40 hours a week, they may not make enough for you to recoup any money through a garnishment.
Someone who works full-time and earns more per hour and those who receive a salary will likely have enough disposable income to make payments towards their debt. Understanding the rules that apply to a garnishment in Florida can help you collect on a debt old by someone who does not want to pay.
