Clearwater · Judgments and garnishmentWage garnishment in Clearwater over a debt judgment you never knew about?

McMillan Law's office is in Tampa. I represent people in Clearwater and everywhere else in Florida, and the free case review happens by phone or online, so you don't have to drive anywhere to get started.

Last reviewed October 8, 2026 by Jackson McMillan, Florida attorney

Finding out about a Clearwater debt lawsuit from your paycheck

Here is one way a Clearwater debt lawsuit turns into a garnishment without the person being sued ever hearing about it. You rented in Largo or near Countryside until storm damage after Helene or Milton forced you out, you moved in a hurry, and the summons from a card company or debt buyer went somewhere you no longer lived. The case went forward without you. The company won a default judgment, then got a court order directing your employer to hold back part of your pay.

For other people the first sign is at the bank: a frozen account and a letter about a garnishment. Either way, a notice should reach you explaining how to claim exemptions, which is the legal term for money the law protects from creditors. The day you receive that notice starts a 20-day clock.

The 20-day claim that protects your pay

Protected wages aren't handed back on their own. To recover them, a sworn claim of exemption has to be filed with the court within 20 days after you receive the garnishment notice, and it must be notarized. The creditor then gets a short window to object: 8 business days, or a bit longer if the claim reached it by mail. If it doesn't object in time, the garnishment is dissolved.

If nobody files that claim in time, money the law would have shielded can end up with the creditor. That's why the notice is the first paper I want to see.

Can a debt collector garnish my wages in Florida?

Only with a judgment, and only within limits. Florida calls you a head of family when more than half of a child's or other dependent's support comes from you. In that case:

• If your take-home pay is $750 a week or less, all of it is exempt.
• If it's more than $750 a week, it still can't be garnished unless you agreed in writing to allow it.
• Exempt wages keep their protection for 6 months after they land in your bank account, if the money can be traced to your pay.

If no one depends on you, a federal ceiling still applies (15 U.S.C. § 1673). A garnishment can't exceed 25% of your disposable earnings (pay left after legally required deductions like taxes), or whatever you take home above $217.50 a week, which is 30 times the federal minimum wage, whichever amount is smaller. Federal law also bars an employer from firing you because your pay was garnished for one debt.

Can a default judgment be undone?

In some cases, yes. A judgment entered without proper service of the lawsuit may be open to challenge, and papers that went to the wrong address or the wrong person deserve a close look. Other serious problems with how the judgment was entered can matter too. Some of these requests have time limits, so they shouldn't sit.

If a judgment is set aside, the creditor is back to proving its case, and your defenses return with it: whether the debt is yours, whether the amount is right, and whether the case was filed within Florida's time limits, which are generally 5 years on a written agreement and 4 without one. Service members have one more safeguard. Before any default judgment, the creditor has to tell the court under oath whether you're in the military.

Garnishments I handle for Clearwater and Pinellas workers

McMillan Law's office is in Tampa, and I represent people in Clearwater, throughout Pinellas County, and across the Tampa Bay area who are dealing with judgments and garnishments. That includes people working in Clearwater and Countryside, parents in Dunedin and Safety Harbor, and renters around Largo and Clearwater Beach who relocated after the 2024 storms damaged so many Pinellas rentals. Pinellas County is part of the Sixth Judicial Circuit, which it shares with Pasco County.

If the debt behind your judgment was opened by an identity thief, my guide to identity theft accounts on a Clearwater credit report covers the reporting side. If your frozen account also had debits you never set up, read about unauthorized ACH debits in Clearwater. And if the judgment came from a landlord's claim after you left a damaged rental, see deposit deductions in Clearwater.

What you can win or save after a judgment

• Your paycheck. For a parent or other head of family, a timely claim can stop the garnishment of exempt pay.
• Money in your bank account. Exempt wages that can be traced into the account are protected, and up to two months of direct-deposited Social Security, SSI, or VA benefits are shielded by the bank without any filing.
• A second chance at the case. If the judgment is set aside, the creditor has to prove the debt. If your agreement has a fee clause that only favors the lender, Florida law lets you seek your attorney's fees when you win, and a creditor that wins can ask for its own.
• Claims over how they collected. Before a final judgment, Florida's collection law doesn't let anyone collecting a consumer debt contact your employer about it. Harassment and threats are off limits too, with up to $1,000 in statutory damages under Florida law and up to $1,000 more under federal law when it applies. See debt collector harassment.
• The rest of what you own. Your homestead, up to $5,000 of equity in one car, and $1,000 in belongings stay off limits for ordinary consumer debts.

The case review is free. Fees for defending a debt lawsuit depend on the case. I explain your options, and every term is in writing before you sign anything.

To understand the wider garnishment rules, including what happens to a frozen bank account, read my page on judgments and garnishment in Florida, or start at being sued for a debt if the case is still open.

What to do this week in Clearwater

• Write down the day you received the garnishment notice and count 20 days from it.
• Collect your last few pay stubs and a bank statement showing where your paychecks are deposited.
• List who depends on you and roughly how much of their support you provide.
• Reconstruct your addresses for the months around when the lawsuit was filed, including any move after the storms.
• Don't sign anything agreeing to the garnishment. For a head of family, a signed written agreement is exactly what allows it.
• Send the court papers to me. Upload the garnishment notice, the judgment if you have it, and your pay stubs for a free case review before the 20 days run out.