Most adults have at least heard the term “wage garnishment”. We may not know exactly how it works, but we understand that it means someone or some company or other entity is taking money out of someone’s paychecks. The following is a summary of Florida law as it applies to wage garnishments and may be useful for those seeking payment of past debts through garnishment.
The applicable code that you want to consult for more details is: 2005 Florida Code – CIVIL PRACTICE AND PROCEDURE – GARNISHMENT -Chapter 77.
If you look at the beginning of 77.01 Right to writ of garnishment, you will read: Every person or entity who has sued to recover a debt or has recovered judgment in any court against any person or entity has a right to a writ of garnishment, in the manner hereinafter provided, to subject any debt due to defendant by a third person…
What we see from the above is that a Writ of Garnishment is required before any money can be collected. And before a Writ is issued, a judgment must be made against the defendant. Without the Writ, no action can be taken.
Once a judgment has been made, but before the Writ is issued, the person seeking remedy must file a motion that states the amount of money due in the debt. See 77.03
The actual mechanics of how the garnishment begins is found in 77.0305. In this section, we see that if wages or salary is to be garnished, the appropriate court will issue the Writ to the person’s employer. It is the employer who will deduct a certain amount of money from the debtor’s paycheck. This will continue until the stated amount is paid. The payment will be only a portion of the debtor’s wages or salary.
The ability to garnish applies to all employees including those who may be employed by the state of Florida, or any of its agencies or “political subdivisions”. This includes those who may work for the judicial branch or for the state’s legislative branch (See s. 216.011)
In addition, the court can let the debtor’s employer collect as much as $5 to reimburse the employer for any costs for the first garnishment deduction, and as much as $2 for each deduction afterward
In order to begin the process, the person seeking remedy (or his or her agent) must first file an affidavit or motion with the court in the county where the action will take place. This motion or affidavit must contain amount of the debt, must state that this debt is due and payable, and that the person being served does not have real property that could be used to satisfy the debt
The defendant has the right to request a hearing on the matter and can request dissolution of the writ (See s. 77.07). Once the writ of garnishment has been issued by the court, the clerk of the court must mail a copy of the writ to the defendant.
