Wage garnishment will cause me to lose home.

[Anth]

I defaulted on a Discover credit card because of a layoff and subsequently a cut in pay. I have been informed that a judgment was levied against me in the amount of $3400. And now they are garnishing my wages, 25% of my bi-weekly paycheck. I am a mother of two young boys, in a single income home. If they continue to take 25% of my wages, I will most surely lose my home. I just completed a mortgage modification through Chase Bank where my mortgage is held. They lowered my payments to an interest rate that would make it possible to pay my bills and mortgage monthly. Now with this money being taken from my check, I will most certainly not be able to stay current, which could result in the mtg returning to it's previous amount.
I have tried to call the law firm representing the bank, they have not yet returned my calls. I have also talked to the garnishment department at the company I work for, they could not help and told me to consult a lawyer. Is there anything I can do to stop this from continuing? I live in Florida, the judgment was filed in Hillsborough county courthouse, Tampa.
Any help and or ideas will be truly appreciated.

 

[army judge]

I defaulted on a Discover credit card because of a layoff and subsequently a cut in pay. I have been informed that a judgment was levied against me in the amount of $3400. And now they are garnishing my wages, 25% of my bi-weekly paycheck. I am a mother of two young boys, in a single income home. If they continue to take 25% of my wages, I will most surely lose my home. I just completed a mortgage modification through Chase Bank where my mortgage is held. They lowered my payments to an interest rate that would make it possible to pay my bills and mortgage monthly. Now with this money being taken from my check, I will most certainly not be able to stay current, which could result in the mtg returning to it's previous amount.
I have tried to call the law firm representing the bank, they have not yet returned my calls. I have also talked to the garnishment department at the company I work for, they could not help and told me to consult a lawyer. Is there anything I can do to stop this from continuing? I live in Florida, the judgment was filed in Hillsborough county courthouse, Tampa.
Any help and or ideas will be truly appreciated.

Florida has some "special" protections that limit what or IF your wages can even be garnisheed.

You are the SOLE wage earner for your family.

You have to take affirmative steps to prevent (or limit) the garnishment.

Read the information below.

It tells you how to proceed.

Then get down to your Hillsborough County Courthouse and assert your defenses.

If it is too overwhelming (hire a lawyer), Florida has some online information that talks you through it.
Call the courthouse and ask for the self help website for that county's courts!

10. Florida Wage Garnishment​

Florida Statutes, chapter 77 outlines very strict procedures for garnishment.

Florida Statutes §222.11 offers a significant exemption to wage garnishment known as the "head of family" exemption.

Effective July 1, 2001, the judgment creditor is required to serve a notice of rights to the defendant upon receipt of the employees answer with a form for the defendant to fill out to claim exemptions.

http://www.fair-debt-collection.com/state-wage-garnishments.html#10

YOUR WAGES​

Wages of the head of a family are exempt from garnishment unless the person's net wages are more than $500 per week and the person has agreed in writing to allow wages to be taken to pay the debt. A head of family includes all persons who reside in Florida and who provide more than one-half of the support for a child or other dependent. Wages in a bank account that belong to a head of family retain their protection from being seized for six months even if the wages are mixed with money from other sources. If a head of family had not agreed in writing to allow the garnishment or attachment of wages, all the wages are exempt. You must file an affidavit with the court to declare your head of family status and protect your wages from being taken.

Persons who do not qualify as head of family will still have the protection of federal law which limits the amount of wages that can be garnished. If you take home less than 30 times the minimum wage per week, all of your wages are exempt. Otherwise, a judgment creditor can obtain 25 percent of your net wages under a continuing writ of garnishment until the judgment is paid in full.

YOUR VEHICLE​

Your interest in a vehicle is exempt up to $1,000 of its value. This means that your vehicle cannot be taken to satisfy a judgment unless the value of the car, less all debts for which the vehicle is collateral, is greater than $1,000. If a judgment creditor or sheriff takes your vehicle under an execution and its value to you is $1,000 or less, you can apply to the court for recognition of your exemption and request the return of your vehicle. Your affidavit of exemption should be filed with the court and the sheriff.

OTHER PROPERTY AND INCOME​

All professionally prescribed health aids used by you or your dependents are exempt from being taken by creditors. Other types of income, including Social Security benefits, workers compensation, unemployment benefits, disability benefits, Veteran's benefits and retirement benefits are exempt from garnishment.

PROCEDURE FOR CLAIMING YOUR EXEMPTIONS​

You may claim your exemptions by filing an affidavit with the court describing the exemption and your claim to it. Your affidavit must also be sent to the judgment creditor and any attorney for the judgment creditor. The judgment creditor must then file an affidavit with the court within two days to challenge your exemption. If the judgment creditor doesn't object by filing an affidavit, you can ask the court for a hearing to stop the garnishment or execution and have your exempt wages or property returned to you. Notice of the hearing must be given to the judgment creditor.

Under current Florida law, if your wages or bank account are going to be garnished, you will not receive any notice until after the wages have already been withheld or a hold placed on your bank account. The judgment creditor must send you a copy of the writ of garnishment, a copy of the answer filed by your employer or bank and a notice telling you about your right to request that the court stop the garnishment or execution.

Your spouse or any other person who has an ownership interest in the property may file an affidavit showing the right of ownership and requesting the court to return the property. The judgment creditor may contest the claim of exemption and request a hearing.

Transfers of property that are fraudulent or are made solely to keep the property from creditors may cause the property to lose its exempt status.

If you need assistance with establishing your exemptions to protect your income or property, please contact your local legal services or legal aid office or a private attorney. Forms and instructions for asserting your exemptions are available free of charge from your local legal services or legal aid office.

Bankruptcy may be another option for you. Information about your rights in bankruptcy is provided in Bankruptcy, a pamphlet available from The Florida Bar. To obtain a copy send a self-addressed, legal size, stamped envelope to:

Consumer Pamphlets
The Florida Bar
650 Apalachee Parkway
Tallahassee, FL 32399-2300

http://library.findlaw.com/1998/Dec/1/126478.html