About 5% of our clients arrive at our office with a Notice of Pending Garnishment or after their wages have been garnished by a creditor. The problem with these cases is that the damage is already done and the only guaranteed way of stopping the garnishment is filing a chapter 7 bankruptcy. Any money taken by the creditor from your wages before the bankruptcy is filed will be lost.
The Florida Statute on wage garnishment is F.S. 222.11. It can be found on the internet and the essence of the statute is that to qualify as the head of the household you must be “head of the family” and providing more than one half of the support for a child or other dependent”
Many clients believe that this is an automatic procedure but it is not. All legal rights do not exist in a vacuum. In other words you have to have a hearing before a judge and prove the elements of Florida Statute 222.11
If the judge does not agree with your argument that you qualify then your wages will continue to be garnished. On a practical basis I have found that most people who are having their wages or bank accounts garnished cannot wait for a hearing before a judge to decide the garnishment issue and it is quicker to file a bankruptcy and have the garnishment stoipped.