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Question: can Short Term Disability payments be garnished in Florida?

Response. No. It cannot. See Florida Stautes Section 222.18:

http://www.flsenate.gov/Laws/Statutes/2011/222.18

222.18 Exempting disability income benefits from legal processes.—Disability income benefits under any policy or contract of life, health, accident, or other insurance of whatever form, shall not in any case be liable to attachment, garnishment, or legal process in the state, in favor of any creditor or creditors of the recipient of such disability income benefits, unless such policy or contract of insurance was effected for the benefit of such creditor or creditors.

I forwarded FL statute 222.18 to my employer and was told that law only applies to government issued disability benefits, not one from my employer. Please clarify.


Response: That is not correct. The Statute is clear and self explanatory. The Statute says ANY and did not single out State disability. Your employer is interpreting the Statute incorrectly.

222.18 Exempting disability income benefits from legal processes.—Disability income benefits under any policy or contract of life, health, accident, or other insurance of whatever form, shall not in any case be liable to attachment, garnishment, or legal process in the state, in favor of any creditor or creditors of the recipient of such disability income benefits, unless such policy or contract of insurance was effected for the benefit of such creditor or creditors.