Understanding Bank Account Garnishment in Florida
Bank account garnishment in Florida is a legal mechanism creditors use to collect unpaid debts by freezing and withdrawing funds directly from a debtor’s account. If you’ve received notice of a garnishment order, time is of the essence. Many individuals looking for help with bank account garnishment in Florida are unaware of the legal options available to stop or reverse these actions. Our law firm provides dedicated support to protect your rights and secure your financial stability.
Once a garnishment is in place, your bank is legally required to freeze the account. You may lose access to essential funds unless immediate legal intervention is pursued. Florida statutes do, however, provide a robust framework for claiming exemptions, negotiating with creditors, and restoring your access to your money.
Legal Grounds for Bank Account Garnishment in Florida
Bank garnishments typically arise from:
- Court judgments following unpaid debts (credit cards, loans, medical bills)
- Past-due child support or alimony
- Unpaid taxes
Under Florida Statute §77, a creditor must obtain a final judgment and then file a motion for a writ of garnishment. This writ allows them to notify your bank and freeze the account, often without prior notice to you.
What Happens After the Bank Freezes Your Account?
After the writ is served, your bank must:
- Immediately freeze the account balance
- Notify you of the garnishment
- Hold funds for a 20-day period to allow you to file a claim of exemption
During this window, if you take no legal action, the funds will be released to the creditor. Quick response is critical to challenge or stop the garnishment.
Filing a Claim of Exemption: Your Rights and Protections
Florida provides several exemption options, including:
- Head of Household Exemption: Protects wages earned by someone who provides more than 50% support to a dependent
- Social Security and Disability Benefits: Exempt from garnishment
- Supplemental Security Income (SSI), VA Benefits, and Retirement Accounts
- Joint Accounts where the garnishee is not the judgment debtor
You must submit a Claim of Exemption and Request for Hearing within 20 days of being served. Failure to do so results in permanent loss of the garnished funds.
Protecting Wages from Garnishment Before They Reach Your Bank
Florida law shields wages of the head of household (earning less than $750/week) from garnishment. However, once deposited, these wages may lose protection unless kept in a separate account and traceable.
It is essential to segregate exempt income from other funds and retain all deposit records to prove the source of the money. We recommend using a dedicated bank account only for protected income sources.
Strategies to Stop or Reverse Garnishment
We aggressively pursue legal strategies to stop or reverse garnishments, including:
- Filing Emergency Motions: To lift the freeze on your account
- Negotiating Settlements: With creditors to reduce debt or halt collection
- Filing Bankruptcy: Which provides an automatic stay halting garnishment
Chapter 7 or Chapter 13 bankruptcy filings can discharge or restructure your debt, eliminating the basis for garnishment entirely.
Frequently Asked Questions
Can creditors take my entire bank account balance?
If the funds are not exempt, they may take up to the full amount of the judgment. However, if your account contains exempt income, legal action can stop or reverse the garnishment.
Can my joint account be garnished?
Yes, but only the portion belonging to the judgment debtor is subject to garnishment. You may protect the co-owner’s share by filing a motion with appropriate evidence.
What if I didn’t receive any notice before the garnishment?
Florida law allows garnishment without prior notice, but you have the right to challenge it immediately upon being served the garnishment packet.
Bankruptcy as a Defense Against Bank Garnishment
Filing for bankruptcy triggers an automatic stay, a federal court injunction that halts all collection activity, including bank garnishment. In many cases, funds garnished within 90 days prior to filing may be recovered if they exceed $600 and meet other criteria.
Chapter 7 wipes out unsecured debts, while Chapter 13 creates a repayment plan. Our attorneys evaluate your specific case to recommend the most effective solution.
Take Immediate Legal Action: Contact Our Garnishment Defense Team
If you’re facing bank account garnishment, you have rights—but you must act quickly. We have a proven track record of helping clients fight back against illegal or excessive garnishments. Whether through exemptions, negotiation, or bankruptcy, our experienced attorneys are ready to protect your assets.
Don’t wait until your account is emptied—contact us now for a confidential consultation.
