Head of Household Protection, Part 1
Updated: Jan 14, 2020
This week, I'd like to turn to a very important consumer protection here in
Oftentimes, if a creditor (i.e. a credit card company) has a judgment against you, the creditor will try to garnish your bank account and/or your wages. Your bank account is garnished through the creditor sending a writ of garnishment directly to your bank and your wages can be garnished through the creditor mailing a writ of garnishment to your employer. Needless to say, these garnishments can put Florida consumers in a serious predicament, particularly if you are the financial breadwinner in your family.
Under Florida's head-of-household protection, Florida consumers who provide more than one-half of the financial support for a child or other dependent may be exempt from such garnishments. If you have disposable earnings of more than $750.00 per week, this protection may be waived in writing, but the written waiver must contain the language set forth in Florida Statute 222.11(2)(b).
There are very specific steps that need to be taken to invoke your rights under Florida's head-of-household protection and, in our next newsletter, I will specify some of those steps.
In case you would ever like to reference any of our previous newsletters, we are archiving all of them here.
Thank you for reading and I hope you have a great day.
Ryan Torrens, Consumer Litigation Attorney
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