Can Filing Bankruptcy Stop Wage Garnishment in Florida?
- 3 days ago
- 2 min read
Yes — in most cases, filing bankruptcy immediately stops wage garnishment in Florida.
Chapter 7 Bankruptcy
Often the fastest way to stop wage garnishment and eliminate most unsecured debts
(credit cards, medical bills, personal loans).
Chapter 13 Bankruptcy
Best if you want to catch up on house or car payments while stopping garnishments and other debts.
When you file for Chapter 7 or Chapter 13 bankruptcy, one of the key tools available to borrowers is the automatic stay. This stay mandates that all collection activities against borrowers cease immediately once a case is filed. While the stay is active, creditors and collection agencies cannot pursue any collection actions. The automatic stay also halts garnishments and foreclosure auctions that have already been scheduled.
The automatic stay is typically the fastest method to halt a wage garnishment. Unlike the head of household exemption, it doesn't require waiting weeks or months to cease the garnishment. Instead, the garnishment must cease immediately once the bankruptcy case is initiated. In contrast, the head of household process necessitates that borrowers wait for a court hearing where a judge orders the garnishment to stop.
If you’re facing wage garnishment or fear it’s coming, don’t wait.
The sooner you take action, the sooner you can protect your income.
If your paycheck is being garnished or you’ve received a notice that it’s about to happen, you’re probably feeling stressed and overwhelmed. The good news is that you have several ways to fight back and protect your income.
How Wage Garnishment Works in Florida
Florida allows creditors to take up to 25% of your disposable income (or the amount above 30 times the federal minimum wage, whichever is less). However, many people qualify for protections that can stop or greatly reduce garnishment.
Ways to Stop or Prevent Wage Garnishment
File a Claim of Exemption Florida has strong protections, especially the Head of Household exemption. If you qualify, you may be able to protect 100% of your wages. You generally have 20 days from receiving notice to file this claim with the court.
Negotiate with the Creditor Many creditors are willing to settle the debt for less or set up a payment plan to stop the garnishment.
File Bankruptcy (Often the Fastest Solution) Filing Chapter 7 or Chapter 13 bankruptcy triggers an automatic stay that stops most wage garnishments immediately — sometimes the same day.
At McMann, PA in Lakeland, we help people throughout Polk County stop wage garnishments and regain control of their finances. Whether bankruptcy is the right option or there’s a better alternative, we’ll review your situation and give you clear, honest guidance.
Don’t wait until more money is taken from your paycheck.
Call McMann, P.A. for a free, confidential consultation. We will help you understand your rights and create a plan to protect your income and your future.
Mark D. McMann
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