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You are enjoying the Florida sunshine until you check the mail. There it is: a letter from a debt collector threatening to seize your paycheck. But can debt collectors garnish wages in Florida?

The panic sets in instantly. You work hard for your money, and the idea of losing 25% of it to a faceless agency is terrifying. But here is the good news: Florida is one of the best states in the country for debtors.

In this article I will share my knowledge as a lender for the past 5 years who has looked into every avenue of collection you can legally use.

While the short answer to “Can debt collectors garnish wages in Florida?” is technically Yes, the reality is far different. For most people supporting a family, the answer is effectively No, if you know which form to file.

Here is the 2026 guide to using the “Head of Family” shield to protect your income.

The General Rule: Yes, But They Need a Judgment

First, let’s clear up the process. A debt collector cannot simply call your boss and demand your paycheck.

For a credit card company, medical bill collector, or private lender to garnish your wages in Florida, they must follow the standard legal roadmap:

1. The Lawsuit: They must sue you and win (obtaining a “Final Judgment”).
2. The Writ: They must apply for a “Writ of Garnishment” from the court.
3. The Notice: They must serve that writ to your employer.

If you haven’t been sued yet, your wages are safe. But once they have that judgment, Florida law generally follows federal rules, allowing them to take 25% of your disposable income.

Unless… you use the Florida exemption.

The “Head of Family” Shield (Your Magic Weapon)

This is the single most important rule in Florida debt law (Florida Statute 222.11).

The Rule: If you are a “Head of Family,” your disposable earnings are 100% exempt from garnishment for consumer debts.

• Who qualifies? You are a “Head of Family” if you provide more than 50% of the support for a dependent.
• Who is a dependent? It could be a child, a spouse, or even an elderly parent—anyone you financially support.
• The Result: If you make $50,000 or $150,000, it doesn’t matter. If you are the Head of Family, a credit card company generally cannot touch a single cent of your paycheck.

Note: This protection applies to “consumer” debt. It does not protect you from child support, alimony, or the IRS.

Check out the calculator I built showing you what debt collectors are able to take.

The Catch: It Is Not Automatic!

This is where people get burned. In Texas, the protection is automatic. In places like California and Florida, it is not.

If a debt collector serves your employer with a garnishment order, your employer must start withholding your money unless you tell them not to.

1. The Notice: When your employer gets the writ, you will receive a “Notice to Defendant” and a form called a “Claim of Exemption.”
2. The Clock: You typically have 20 days to fill out this form and file it with the court.
3. The Risk: If you ignore this letter, your employer will start garnishing your wages, and getting that money back is extremely difficult.

Action Item: If you receive a garnishment notice, file the Claim of Exemption immediately and check the box that says “I am the Head of Family.”

The Bank Levy Loophole (Still a Danger)

Just like in Texas and California, protecting your paycheck doesn’t always protect your bank account.

Once your wages are deposited into your bank account, the legal waters get murky. A creditor can try to freeze your bank account via a specific “Bank Levy.”

• The Defense: If the money in your account is from wages that were exempt (because you are Head of Family), you can usually protect it by filing an exemption claim for the bank account too.
• The Problem: Your account will be frozen while you fight it out in court, meaning you might have $0 access to funds for weeks.

Pro Tip: If you are facing a judgment in Florida, do not let funds sit in a bank account longer than necessary.

What To Do If You Are Sued in Florida

1. Determine Your Status: Do you pay more than 50% of the bills for a dependent? If yes, you are bulletproof against wage garnishment.
2. Watch the Mail: The moment you get a “Notice of Garnishment,” look for the Claim of Exemption form.
3. File Fast: Send the form to the court and the debt collector. This usually stops the process in its tracks.
4. Inform Your Employer: Let your HR department know you have filed an exemption so they know a fight is coming.

Summary

• Can debt collectors garnish wages in Florida? Yes, but only if you are not a Head of Family.
• What is the Head of Family? Someone who provides >50% support for a dependent. Their wages are 100% exempt.
• The Vital Step: You must file the Claim of Exemption form within 20 days, or you forfeit your protection.

If you are dealing with an HOA or other creditors like credit cards in states like Texas or California you might have a secret weapon ready to use, check out my other articles to learn how to protect yourself!

Written by Hayden