Florida Claim of Exemption
Florida claim of exemption: protect wages from garnishment. See how the head-of-family exemption works, what pay is exempt, and the 20-day deadline to file.
Introduction
A Florida claim of exemption is a form you file with the court to protect some or all of your wages or bank funds from a garnishment. An exemption is money the law says a creditor cannot take. After a creditor wins a money judgment, it can serve a writ of garnishment on your employer or bank and pull money from each paycheck. Florida gives strong protection to a head of family: all of your disposable earnings up to 750 dollars a week are fully exempt from garnishment, and earnings above that are protected too unless you agreed to it in writing. But this protection is not automatic. You must file the Claim of Exemption and Request for Hearing with the clerk's office within 20 days after you receive the Notice of Garnishment, or you may lose important rights. DocDraft prepares a Florida claim of exemption from your details, and attorney review is available before you file.
0/5000
Key Things to Know
- 1
A Florida claim of exemption is a form you file with the court to protect some or all of your wages or bank funds from garnishment. It tells the court the money is exempt, meaning the law does not let a creditor take it.
- 2
The deadline is short. Under section 77.041 you must file the Claim of Exemption and Request for Hearing with the clerk's office within 20 days after you receive the Notice of Garnishment, and the notice warns that missing it can cost you important rights.
- 3
A head of family gets Florida's strongest protection. Under section 222.11, all disposable earnings of a head of family that are 750 dollars a week or less are 100 percent exempt, and earnings above 750 dollars a week cannot be garnished unless you agreed in writing. You must claim it; it is not automatic.
- 4
If you are not a head of family, the federal limit applies. A creditor can take no more than the lesser of 25 percent of your disposable earnings, or the amount by which your weekly disposable earnings exceed 30 times the federal minimum wage, which is 217.50 dollars.
- 5
Some income is exempt no matter the debt. Social Security, disability, veterans benefits, and many pensions and public benefits are protected, and a claim of exemption is how you free those funds if a bank has frozen them.
- 6
Money is held while the claim is pending, so act fast. If the creditor does not file a sworn answer to your claim in time (8 business days if it was hand delivered, 14 if mailed), no hearing is needed and the clerk must automatically dissolve the writ.
- 7
Filing usually gets you a hearing. Upon filing your Claim of Exemption and Request for Hearing, the court holds a hearing as soon as is practicable, where you show the money is exempt and the creditor must justify the garnishment.
Key decisions before you file
Before you file a Claim of Exemption in Florida, a few decisions shape the document: which option to choose and what each one means. The Claim of Exemption guide walks through them.
Open the Claim of Exemption guideCustomize your Claim of Exemption Template with DocDraft
Florida Requirements for Claim of Exemption
Florida Filing Deadline and Office
File the Florida claim of exemption with the correct office, the court or the levying officer as Florida directs, within the state's window after the garnishment is served. Money is usually held until the claim is decided, so filing late can forfeit wages the law would otherwise protect.