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TJ, Esq.
TJ, Esq., Attorney
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in the state of florida can a creditor garnish a deboters ...

Resolved Question:

in the state of florida can a creditor garnish a deboters paycheck if they are head of household and earn under 500.oo. and what can be done to make satifisficatory offer of debt..
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  TJ, Esq. replied 8 years ago.

Hello and thank you for allowing me to address your legal question.

Florida law states the following:

222.11 Exemption of wages from garnishment.--

(2)(a) All of the disposable earnings of a head of family whose disposable earnings are less than or equal to $500 a week are exempt from attachment or garnishment.

So, your understanding is correct. If you make less than $500 per week, and you are the head of household, then your wages cannot be garnished.

With regard to your second question, are you asking how to make a settlement offer to the creditor? The best way is to make a written offer to the creditor and wait for a response. You can also send a check with the settlement offer, but you must be sure to state on the letter and on the check that by endorsing and cashing the check, the creditor agrees that all of your debts are paid in full.

If the information that I provided was helpful, please remember to ACCEPT my post as that is the only way I will receive credit and compensation for my answer. However, please understand that my answer is meant for informational purposes only and is limited by the facts presented. Therefore, it should not be construed as “legal advice” and is not an adequate substitute for the retention of legal counsel. Thank you and good luck!

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