QUESTION

I live in florida .If an creditor cannot garnish my wages. Can they then try freezing my bank account?

Asked on Jul 13th, 2015 on Debtor and Creditor - Florida
More details to this question:
I received a letter saying they want to garnish my wages from a previous employer, which I no longer work with. So is their next step to freeze my bank account?
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1 ANSWER

Commercial Litigation Attorney serving St. Petersburg, FL at Law Office of Guy P. Coburn
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The response to this question is slightly complex.  (1) the protection against wage garnishment in Fla. Stat. Sec. 222.11 only applies to the wages of a person who is a "head of family," and only applies if the person asserts the "head of family" exemption in court.  If a creditor has a judgment, the creditor can obtain a continuing writ of garnishment even if you claim that you are head of family, because before the exemption applies, you have to claim the exemption after your wages are garnished.  Usually a creditor will not try to garnish wages if the creditor knows that you are head of family, but some creditors will go ahead and garnish anyway, hoping that you don't know to assert the exemption or that you are too afraid of the court system or whatever -- if you do not file the paperwork claiming the exemption, you lose it.(2) The "head of family" exemption continues to apply to money in the bank for six months after you were paid.  If you have large savings which exceed your wages, then the protection may not apply.  However, if you are living paycheck-to-paycheck, then the wages continue to be protected while in the bank.  Again, you will have to assert it if your bank account is garnished. (3) If the Creditor garnishes your wages or bank account after the creditor knows that you are a "head of family" and will assert the exemption, an argument could be made that the garnishment is a form of Harassment and thus a violation of the Federal and State Consumer Collection laws.  It may be a good idea to write a letter to the creditor, sent by certified mail, advising the creditor that you are a head of family and you will oppose any attempt to garnish wages or bank accounts under Fla. Stat. 222.11.  If the law firm decides to go ahead and garnish your wages, you should talk to an attorney who handles Consumer Collection harassment cases.
Answered on Jul 13th, 2015 at 12:51 PM

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