Jacksonville Wage Garnishment Lawyer
Stop Garnishment Through Objection or Bankruptcy & Nearly a Decade of Experience in Jacksonville
A wage garnishment can cut your take-home pay by as much as 25%, making it harder to cover rent, groceries, and utilities while you’re already managing debt. At The Law Office of David C. Meltzer, PLLC, we help Jacksonville residents respond to garnishment orders two ways: by filing a formal objection with the court or by pursuing bankruptcy to trigger an automatic stay that can halt collection efforts. Attorney David Meltzer brings nearly a decade of experience in bankruptcy, foreclosure defense, and financial law to every garnishment case, giving clients a view of their full financial picture rather than just the single collection action in front of them.
Before most creditors can require your employer to withhold wages, they must first obtain a civil judgment against you through Duval County court. Once that judgment is in place, they can move quickly. We serve clients throughout Jacksonville, Jacksonville Beach, Atlantic Beach, Neptune Beach, Ponte Vedra, and Saint Johns, and we offer a free initial consultation so you can understand your options before withholding begins. Filing for bankruptcy triggers the automatic stay, which can stop garnishment and other collection efforts while you work toward a longer-term resolution.
If you’re ready to stop wage garnishment and creditor harassment, contact The Law Office of David C. Meltzer, PLLC for a free consultation with our Jacksonville wage garnishment attorney. We serve Jacksonville, Jacksonville Beach, Atlantic Beach, Neptune Beach, Ponte Vedra, Saint Johns, and surrounding areas.
Florida Wage Garnishment Protections You Should Know
Florida law provides several meaningful protections for employees facing garnishment. Understanding which ones apply to your situation is one of the first things we work through with a new client.
The 25% Cap on Disposable Earnings
For most consumer debts, Florida limits garnishment to the lesser of 25% of your disposable earnings or the amount by which your weekly disposable earnings exceed 30 times the federal minimum wage, currently $217.50 per week. Disposable earnings are what remains after legally required deductions like taxes and Social Security. If your weekly take-home is close to that threshold, you may have grounds to limit or eliminate what a creditor can collect.
The Head of Household Exemption
Under Florida Statute 222.11, a head of household who provides more than half the financial support for a dependent may qualify for a full exemption from wage garnishment. Disposable earnings of $750 per week or less are fully exempt. Above that amount, wages still can’t be garnished unless the debtor has agreed to garnishment in writing. This means the protection isn’t capped at $750 for qualifying heads of household who haven’t waived it.
This exemption doesn’t apply automatically. It must be claimed in writing, and a creditor has the right to challenge it. We help clients document and assert this protection before withholding begins.
Income Types Protected From Garnishment
Several income sources are generally shielded from wage garnishment under Florida and federal law:
- Social Security benefits
- Unemployment compensation
- Workers’ compensation
- Disability benefits
- Veterans’ benefits
Exceptions for Child Support, Alimony, Student Loans, & Tax Debt
Different rules apply when garnishment stems from domestic support obligations, federal student loans, or tax debts. These creditors can garnish a higher percentage of your wages than a standard consumer debt judgment, and some government agencies can garnish without a prior court judgment at all. If your garnishment falls into one of these categories, the strategies available to you differ from those that apply to credit card or medical debt. We’ll explain those differences clearly from the first conversation.
Guidance. Experience. Compassion.
Reviews & Testimonials
Hear what clients are saying about The Law Office of David C. Meltzer, PLLC
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Very Knowledgeable and to the Point
“Very knowledgeable and to the point!! I would definitely recommend!”- Ben C.
The Law Office of David C. Meltzer, PLLC Is The Right Choice to a Fresh Start
Learn More About Bankruptcy & Foreclosure
Frequently Asked Questions
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Bankruptcy is legal process in which a debtor seeks an order of relief from the bankruptcy court. In Layman’s’ terms when someone files bankruptcy, they are asking the court for legal protection from their creditors. This legal protection could be a discharge of debts they are unable to pay or it could be additional time to repay a secured debt. Debtors who pass the means test or do not have a regular source of income are eligible for a discharge under chapter 7 of the bankruptcy code. A discharge is a federal court order that prevents creditors from attempting to collect on a debt. Individuals and Corporations can both file chapter 7 bankruptcy, however only individual debtors can receive a discharge. The most significant issues that arise in chapter 7 bankruptcy cases are the loss of property and the possibility of the court denying your discharge. Very few debtors are denied a discharge by the bankruptcy court.
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A discharge is typically entered toward the end of a bankruptcy case and is an order signed by a Federal Judge. This order states that the person who filed bankruptcy no longer has any obligation to pay certain debts that were included in the bankruptcy.
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Almost all debts are dischargeable. Student loans, most taxes, and Domestic Support Obligations cannot be discharged. As a general rule all other kinds of debts are dischargeable.
