Money & Debt · Wage Garnishment
Wage Garnishment Laws in Florida
How much of your paycheck a creditor can take in Florida, the pay that is fully protected, and what to do right now if a garnishment has started, cited to the statute.
The limit and what is protected in Florida
How much a creditor can take, the pay that is exempt, and where it comes from in the code.
| Most a creditor can take | 25% of disposable earnings |
| How the limit works | A larger protected amount than the federal floor |
| Fully protected pay | Weekly disposable pay up to $217.50 (30 times the $7.25 federal minimum wage) is protected for everyone. If you qualify as head of family, all disposable pay up to $750 a week is fully protected instead. |
| Other exemptions |
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| Federal backstop | The federal 25% / 30× minimum-wage floor also applies; a creditor can never take more than federal law allows. |
| Statute | Fla. Stat. §222.11 |
The head-of-family exemption is not automatic. You must claim it by filing a sworn affidavit after you are served, or the garnishment goes forward as if you did not qualify. The $750 weekly figure and the written-waiver requirement both come from Fla. Stat. §222.11. Non-head-of-family debtors get the federal rule: the lesser of 25% of disposable pay or the amount above $217.50 a week.
What you can do right now
Concrete, neutral steps if your wages are being garnished in Florida. This is legal information, not legal advice.
- Check whether you are a head of family
Under Fla. Stat. §222.11 you are a head of family if you provide more than half the support for a child or other dependent. If you do, all disposable pay up to $750 a week is fully exempt, which often means nothing can be taken.
- File your exemption claim fast
The exemption is not applied for you. After you receive the notice, file the sworn claim-of-exemption affidavit with the court within the deadline stated on your papers. Miss it and the garnishment proceeds as if you never qualified.
- Watch your bank account for a levy
Wages you already qualify to protect stay exempt for 6 months after they land in your bank account if they can be traced as earnings. If your account is frozen, raise the same head-of-family exemption for those deposited funds.
- Get free Florida legal help
A local legal aid office or the clerk of court self-help center can walk you through the claim-of-exemption form and the deadline. This is legal information, not legal advice, so confirm your own situation with a lawyer.
You do not have to face a garnishment alone. This resource can help you check whether an exemption applies and how to file the paperwork.
→ Florida Law Help (statewide legal aid directory)This is general legal information, not legal advice. Deadlines to claim an exemption are short and vary by court, so act quickly and confirm the specifics for your case.
What Florida workers get wrong
Most Floridians think a creditor can automatically take 25% of every paycheck. For anyone who supports a family, that is usually wrong. Florida runs two tracks. If you are not a head of family, the federal rule applies: a creditor takes the lesser of 25% of disposable pay or the amount above $217.50 a week. If you are a head of family, meaning you provide more than half the support for a child or other dependent, Fla. Stat. §222.11 fully exempts all of your disposable pay up to $750 a week, and pay above $750 can be reached only if you signed a specific written waiver. The catch that trips people up: the head-of-family exemption is not applied for you. You have to claim it in writing after you are served, and there is a short deadline. Miss it and you can lose money the law would have protected.
Common questions
How much of my paycheck can a creditor garnish in Florida?
It depends on whether you are a head of family. If you are not, a creditor can take the lesser of 25% of your disposable pay or the amount by which your weekly disposable pay exceeds $217.50. If you are a head of family, all of your disposable pay up to $750 a week is fully protected under Fla. Stat. §222.11, so often nothing can be taken.
What is the Florida head-of-family exemption and do I qualify?
The head-of-family exemption in Fla. Stat. §222.11 protects the wages of anyone who provides more than one-half of the support for a child or other dependent. If you qualify, all of your disposable earnings up to $750 a week are exempt from garnishment. Pay above $750 a week can be garnished only if you signed a written waiver that meets the statute.
Is the head-of-family exemption automatic?
No. This is the most common mistake. The court will not apply it for you. After you are served with the garnishment papers, you must file a sworn claim-of-exemption affidavit with the court by the deadline on your notice. If you miss it, the garnishment moves forward as if you did not qualify.
Can my Florida wages be garnished after they are already in my bank account?
If the money is head-of-family earnings, Fla. Stat. §222.11 keeps it exempt for 6 months after it is deposited, as long as the funds can be traced and identified as wages. Mixing wages with other money does not by itself defeat the exemption, but you still have to claim it if the account is levied.
What debts can still reach my paycheck in Florida even if I am head of family?
The head-of-family exemption covers ordinary consumer judgments. It does not stop garnishment for child support or alimony, unpaid federal or state taxes, or defaulted federal student loans, which follow their own federal rules and can take a share of your pay regardless.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.