How long does a continuing writ of garnishment last in Florida?

A continuing writ of garnishment against wages remains in effect until the judgment is paid in full, the court modifies or dissolves the writ, or the debtor stops working for that employer.

What happens if the debtor changes jobs during a garnishment?

A continuing writ of garnishment applies only to the employer named in the writ. If the debtor leaves that employer, the garnishment effectively stops, and the creditor may need to seek a new writ once the debtor’s new employer is identified.

From Court Order to Cash: The Complete Guide to Wage Garnishment in Florida

Q: Can I garnish the wages of a head of family in Florida?

If the debtor is a head of family earning $750 per week or less in disposable income, their wages are fully exempt from garnishment. If they earn more than $750 per week, only the portion above $750 can be garnished and only if the head of family agreed in writing to the garnishment.

Q: How much of a non–head-of-family debtor’s wages can be garnished?

For ordinary consumer debts, the federal Consumer Credit Protection Act limits garnishment to the lesser of 25% of the debtor’s disposable earnings or the amount by which disposable earnings exceed 30 times the federal minimum wage. If disposable earnings are at or below that threshold, no wages can be garnished for ordinary debts.

Q: What if the employer ignores a Florida wage garnishment writ?

If an employer fails to answer or comply with a valid writ of garnishment, the court may enter judgment against the employer up to the amount that should have been withheld. This potential liability encourages employers to respond accurately and on time.

Q: Is wage garnishment always the best collection strategy in Florida?

No. Wage garnishment is most effective when the debtor has stable employment and limited other assets. In some cases, bank levies, liens, receiverships, or negotiated settlements may provide better or faster recovery. The best approach depends on the debtor’s overall financial situation and the size of the judgment.

For informational purposes only. Not legal advice.

When a debtor ignores a judgment, the paper victory doesn’t pay the bills. In Florida, one of the most effective ways to turn a judgment into real money is through wage garnishment – a court-ordered deduction from the debtor’s paycheck, sent directly from the employer to the creditor.

This guide walks creditors through the entire process from court order to cash under Florida law: how wage garnishment works, what you can (and cannot) reach, how much you can collect, and what defenses debtors commonly raise to slow things down.

1. What Is Wage Garnishment in Florida?

Wage garnishment is a legal process where a creditor with a valid judgment instructs the debtor’s employer to withhold a portion of the debtor’s earnings and send those funds to satisfy the judgment.

In Florida, wage garnishment is governed primarily by:

Chapter 77, Florida Statutes (Garnishment), and especially the continuing writ of garnishment against wages at Fla. Stat. § 77.0305.
Fla. Stat. § 222.11, which provides the head of family (head of household) wage exemption.
The federal Consumer Credit Protection Act wage limits (15 U.S.C. § 1673).

Unlike a one-time bank levy, a continuing writ of garnishment attaches to each paycheck until the judgment is satisfied, modified, or dissolved by the court.

2. Federal Limits: How Much of a Paycheck Can You Garnish?

Even though wage garnishment is created by state law, federal law sets an upper limit on how much of a worker’s pay can be taken. Under the Consumer Credit Protection Act (CCPA) and 15 U.S.C. § 1673:

For ordinary consumer debts (credit cards, medical bills, personal loans), the maximum garnishment is the lesser of:
- 25% of the debtor’s disposable earnings for that week, or
- The amount by which disposable earnings exceed 30 times the federal minimum wage (currently $7.25/hour).
If disposable earnings are at or below 30× minimum wage (about $217.50/week at $7.25/hour), no wages can be garnished for ordinary debts.

These federal limits are a ceiling. Florida law adds additional protections on top of that, especially through the head of family exemption.

3. Florida’s Head of Family Exemption (Fla. Stat. § 222.11)

Florida gives very strong protection to certain wage earners through the head of family (head of household) exemption. This exemption can stop or limit a wage garnishment even when the creditor has a valid judgment.

3.1 Who Is a “Head of Family”?

Under § 222.11, a “head of family” (or head of household) is a natural person who:

Provides more than half of the support for a child or other dependent.

“Dependent” is interpreted broadly. It can include children, parents, or others the debtor is legally or morally obligated to support.

3.2 How Much of a Head of Family’s Wages Are Protected?

Section 222.11 provides:

All disposable earnings of a head of family are exempt from garnishment if disposable earnings are $750 per week or less.
If the head of family’s disposable earnings are more than $750 per week:
- The first $750/week is exempt, and
- Amounts above $750/week may only be garnished if the head of family agreeed in writing to the garnishment (for example, in a loan agreement or personal guaranty).

If the debtor is not a head of family, then wages are protected only by the federal CCPA limits, and the typical 25%/30×-minimum-wage formula applies.

3.3 Why This Matters for Creditors

For creditors, the head of family exemption is a common basis for:

Debtor claims of exemption and requests for hearings; and
Objections to continuing writs of garnishment.

A creditor pursuing wage garnishment in Florida should:

Evaluate whether the debtor likely qualifies as a head of family.
Review loan documents for any written waiver or consent to garnishment by a head of family.
Be prepared to contest overstated or unsupported head-of-family claims in court.

4. The Florida Wage Garnishment Process: From Judgment to Paychecks

You cannot garnish wages in Florida without first obtaining a judgment, except in limited cases (like certain government debts). For ordinary creditors, the path is:

Step 1: Obtain a Florida Judgment

The creditor must first sue and obtain a final judgment against the debtor. Once the judgment is entered, the creditor may pursue post-judgment remedies, including garnishment.

Step 2: Apply for a Writ of Garnishment

After judgment, the creditor files a motion for writ of garnishment and a proposed writ with the court, citing Chapter 77, Florida Statutes. For wages, the creditor typically seeks a continuing writ of garnishment against salary or wages under § 77.0305.

If the motion is granted, the clerk issues the writ, which is then served on:

The garnishee (the employer), and
The debtor, along with the required notice of exemptions and right to a hearing.

Step 3: Employer’s Answer

The employer must file an answer to the writ stating:

Whether it employs the debtor, and
What wages are owed or will become due.

If the employer fails to answer, it can face liability as if it were the debtor (a strong incentive to respond properly and on time).

Step 4: Debtor’s Claim of Exemption (If Any)

Once served, the debtor has a short deadline (often 20 days) to file a claim of exemption and request for hearing, asserting:

Head of family status under § 222.11,
Other statutory exemptions, or
Defects in the writ or procedure.

If the debtor files a claim, the court will typically set a hearing. If the debtor does not file a claim of exemption or otherwise respond, the court may enter a default and garnishment order.

Step 5: Continuing Writ and Ongoing Deductions

Under Fla. Stat. § 77.0305, a continuing writ of garnishment against salary or wages directs the employer to:

Withhold a portion of the debtor’s disposable earnings each pay period based on the allowed percentage (federal + Florida limits), and
Remit those funds periodically to the court or as ordered, until:
- The judgment is paid in full,
- The court modifies or dissolves the writ, or
- The debtor leaves that employment.

Florida law also allows the employer to deduct small administrative fees from the debtor’s wages for handling the garnishment, as provided by § 77.0305.

5. How Much Can a Creditor Actually Collect?

To determine the amount of each paycheck that can be garnished, you must account for three layers of protection:

Federal CCPA limits (25%/30× minimum wage),
Florida’s head of family exemption, and
Any written waiver/consent and other statutory exemptions.

5.1 Non–Head of Family Debtor

If the debtor is not a head of family, you generally apply the federal CCPA limits:

Up to 25% of disposable earnings, or
Any amount above 30× the federal minimum wage, whichever is less.

5.2 Head of Family Debtor

If the debtor is a head of family:

$750/week or less: all disposable earnings are exempt from garnishment.
Over $750/week: wages above $750/week may be garnished only if the debtor has agreed in writing to the garnishment.

This makes documentation critical. A carefully drafted loan agreement or personal guaranty can significantly expand the garnishment options when a head of family defaults.

6. Common Debtor Defenses and How Creditors Can Respond

Even when the law supports garnishment, debtors (or their counsel) may raise defenses to slow or stop the process. Common tactics include:

Claiming head of family status without sufficient evidence.
Disputing disposable income calculations (e.g., arguing that certain deductions should be excluded).
Asserting other exemptions (unemployment benefits, certain retirement income, etc., which may not be “earnings” under § 222.11).
Challenging service or procedural defects in the issuance or service of the writ.

Creditors can protect their position by:

Maintaining clean judgment records and proof of service.
Preparing for exemption hearings with evidence of the debtor’s income and support obligations.
Drafting loan documents that include clear waivers or consents to garnishment where permitted.
Coordinating with employers to ensure timely, accurate answers to writs.

7. When Wage Garnishment Makes Strategic Sense

Wage garnishment is a powerful tool, but it is not always the best first move. Factors to consider include:

Employment stability: Is the debtor steadily employed with a known employer?
Head of family risk: Is the debtor likely to qualify as a head of family, limiting or blocking garnishment?
Other assets: Are there easier targets, such as bank accounts, real estate, or receivables?
Cost–benefit: Does the size of the judgment justify the cost of pursuing and monitoring a continuing writ?

Used thoughtfully, garnishment can turn a dormant judgment into a predictable payment stream. Used blindly, it can result in wasted fees, contested hearings, and little recovery.

8. Frequently Asked Questions (FAQ)

1. Can I garnish wages in Florida without a court judgment?

Generally no. For most private creditors, you must first obtain a final judgment. Some government creditors (like the IRS or certain student loan agencies) have special administrative garnishment powers that do not require a standard judgment.

2. How long does a continuing writ of garnishment last?

Under Fla. Stat. § 77.0305, a continuing writ remains in effect until the judgment is satisfied or the court orders otherwise (for example, if the writ is dissolved or modified, or if the debtor changes jobs and there are no further wages to garnish from that employer).

3. Can I garnish the wages of a head of family in Florida?

Sometimes. If the debtor is a head of family earning $750/week or less in disposable earnings, their wages are fully exempt from garnishment. If they earn more than $750/week, wages above that threshold may be garnished only if the debtor agreed in writing to the garnishment. Otherwise, only non–head-of-family wages can be garnished, subject to federal limits.

4. How much of a non–head-of-family debtor’s wages can be garnished?

For ordinary debts, the federal CCPA limits garnishment to the lesser of 25% of disposable earnings or the amount by which disposable earnings exceed 30 times the federal minimum wage. If disposable earnings are at or below 30× minimum wage, typically no wages can be garnished for consumer debts.

5. What if the debtor changes jobs?

A continuing writ of garnishment is directed to a specific employer. If the debtor leaves that employer, the writ stops having practical effect. The creditor may seek a new writ once the debtor’s new employer is identified, subject to the same procedures and exemptions.

6. Can Social Security or retirement benefits be garnished in Florida?

Social Security benefits and many retirement benefits are generally exempt from ordinary creditor garnishment under federal and state law, though there are exceptions for federal debts, child support, and alimony. The analysis is different from wage garnishment and requires case-specific review.

7. What happens if the employer ignores the writ?

If an employer fails to answer or comply with a valid writ, the court may enter judgment against the employer up to the amount that should have been withheld. This is rare when employers understand their obligations but underscores the importance of proper service and clear communication.

8. Is wage garnishment always the best collection strategy?

No. Wage garnishment is one tool among many. It is most effective when the debtor has stable employment and limited assets. In other cases, bank account levies, liens, receiverships, or negotiated settlements may produce better, faster results with less resistance. A tailored strategy for each debtor usually produces the best overall recovery.

This guide is a general overview of wage garnishment law in Florida as of 2025. It is not legal advice. Creditors should consult Florida counsel to evaluate specific accounts, documents, and defenses before initiating garnishment.