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When can wages be garnished?

On Behalf of | Jan 16, 2018 | Debt Relief

One of the biggest concerns you may have when you are facing a lot of debt in Florida is having your wages garnished. This can be devastating because the chances are good that you are having trouble paying your bills with the money you are making and if garnished, you will not be bringing home even less money. It can throw you into even deeper debt. So, when can a debt collector garnish your wages?

The Consumer Financial Protection Bureau explains wage garnishment can only come after a court ruling. Creditors cannot on their own access your bank account and take money. The court must make a judgment that allows them to do so.

The good news here is that wage garnishment will never be a surprise if you are staying on top of things. You should have been made aware of the court hearing and given a chance to attend and defend yourself. This is one reason ignoring mail about your debts is a bad move. If you do not show in court, then the creditor wins. 

If you do end up with your wages being garnished, you need to find the court order allowing your creditor to do this. The court order will explain how much you owe and how much the creditor can take from your wages. It is important to understand that a creditor cannot drain you and take all of your check. They must follow the limits set by law to leave you money to live on. This information is for education and is not legal advice. 


Kingcade & Garcia | A Miami Law Firm