My bank froze my account and I didn't know I was sued. What happened?

Usually it means a company got a default judgment, sometimes because the papers went to an old address. Look for the garnishment notice, write down the date you received it, and get help right away. You may be able to protect the money and, in some cases, challenge the judgment.

Can they take my Social Security?

Not for an ordinary consumer debt. If it's direct deposited, your bank has to protect up to two months' worth automatically. If more was frozen, you can file a claim of exemption for the rest.

Can they take my house?

Not to pay a credit card, personal loan, or medical bill. Florida protects your home from being sold for those debts. The protection doesn't apply to your mortgage, property taxes, or work done on the home.

I'm a single parent. Can they garnish my wages?

Usually not, if you provide more than half your child's support and never agreed in writing to allow garnishment. But you generally have to claim that protection by filing the form within 20 days of getting the notice.

Wage or Bank Garnishment in Florida? What's Protected

Judgments and garnishment · Anywhere in FloridaPaycheck or bank account garnished? Some of that money is protected.

Once a company gets a judgment against you, it can ask the court to take money from your paycheck or bank account. But Florida protects a lot from collection, often more than people expect. Most of that protection only works if you claim it, and the deadline is short.

What a judgment and a garnishment are

A judgment is the court's decision that you owe money. In debt cases it often happens because the person sued never responded, which is called a default judgment.

A garnishment is how the company collects on that judgment. The court orders your employer to hold back part of your pay, or orders your bank to freeze money in your account. You should get a notice when it happens. Read it right away: it starts your clock.

The 20-day deadline

To protect money that the law shields, you usually have to file a sworn form, called a claim of exemption, with the clerk of court within 20 days after you receive the notice. It has to be signed under oath, usually in front of a notary. If the company doesn't challenge your claim in time, the court releases the hold on that money.

Don't wait to see what happens

Protected money can still be taken if no one claims the protection in time. If your bank account was frozen or your paycheck came up short, start today.

Your paycheck

If you provide more than half the support for a child or other dependent, Florida law usually protects your pay from garnishment entirely, unless you agreed in writing to allow it. That protection also follows the money into your bank account for 6 months, as long as it can be traced back to your paycheck.
Everyone else: generally no more than 25% of your take-home pay can be taken, and less if you earn very little.

Your bank account

If Social Security, SSI, VA benefits, or federal retirement are direct deposited into your account, your bank has to automatically protect up to two months' worth of those payments. You don't have to file anything for that amount. Money above it, or benefits you deposited by paper check, may still be protected, but you may need to file a claim of exemption.

What else Florida protects

For ordinary consumer debts like credit cards, personal loans, and medical bills, these are generally protected from collection:

Social Security, SSI, and VA benefits, before and after you receive them.
Retirement accounts, like 401(k)s, IRAs, and pensions.
Disability insurance benefits.
Your home. It can't be sold to pay these debts. (It doesn't protect you from your mortgage lender, property taxes, or people who worked on the home.)
Your car, up to $5,000 of equity in one vehicle (what it's worth minus what you still owe on it).
Personal belongings, up to $1,000, plus up to $4,000 more if you don't claim protection for a home.

Hospital bills get extra protection: up to $10,000 of equity in a car and $10,000 more in other property.

Child support, taxes, and some government debts follow different rules.

Can the judgment itself be undone?

Sometimes. If you were never properly served with the lawsuit, or there was another serious problem with how the judgment was entered, it may be possible to ask the court to set it aside. There are time limits on some of these requests, so don't wait.

If you're in the military, mention it: before a court enters a default judgment, the company has to tell the court under oath whether you're serving.

What it costs

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.

Judgments and garnishment · Anywhere in FloridaPaycheck or bank account garnished? Some of that money is protected.