Wage garnishment in Florida
By Kai Greenspan, Founding Editor · Last updated: August 18, 2026
The weekly figure that decides most Florida garnishment questions. Section 222.11 exempts all of the disposable earnings of a head of family whose disposable earnings are $750 a week or less. Above that line, a head of family’s earnings still cannot be garnished unless that person signed a waiver in the form the statute prescribes.
Source: leg.state.fl.us · Last checked: August 18, 2026
A judgment comes first, with one narrow exception
Garnishment in Florida is a court process, not something a collector can do on its own. Section 77.01 gives the right to a writ of garnishment to“every person or entity who has sued to recover a debt or has recovered judgment”, and Section 77.03 sets out what happens after judgment: the plaintiff “shall file a motion (which shall not be verified or negative defendant’s exemptions) stating the amount of the judgment” before the writ is issued.
You should also be told. Section 77.041 requires that when the defendant is an individual,“the clerk of the court shall attach to the writ” a“NOTICE TO DEFENDANT OF RIGHT AGAINST GARNISHMENT OF WAGES, MONEY, AND OTHER PROPERTY”, which explains in terms that the writ means wages, money and other property belonging to you have been garnished to pay a court judgment. That notice is how the exemption below gets raised, which is why it should never be put aside unread.
There is a narrow route that does not wait for judgment, and it is worth knowing precisely because it is easy to overstate in both directions. Section 77.031 is headed“Issuance of writ before judgment”, and it lets a writ issue“Before judgment has been obtained by the plaintiff against the defendant”. It is not a shortcut. The creditor must file a sworn motion“alleging by specific facts the nature of the cause of action; the amount of the debt and that the debt for which the plaintiff sues is just, due, and unpaid”, and, unless an attachment writ has already issued, must post“a bond with surety” payable to the defendant“in at least double the amount of the debt demanded”. The writ itself must tell the defendant of the right to an immediate hearing to dissolve it, and the clerk must post a copy to the defendant.
That hearing is Section 77.07, and it puts the burden on the creditor: the writ is dissolved unless the petitioner proves the grounds it was issued on and, for a prejudgment writ, unless“there is a reasonable probability that the final judgment in the underlying action will be rendered in his or her favor”. The court“shall set down such motion for an immediate hearing”.There is a deadline, and it bites. Under 77.07(2) the motion to dissolve must be filed and served “within 20 days” of the date on the certificate of service of the plaintiff’s notice, and missing it“shall result in the striking of the motion as an unauthorized nullity by the court”, leaving the proceedings “in a default posture”. This is the point on the page where a reader should be talking to a lawyer rather than reading, and quickly.
Sources: Section 77.01 ·Section 77.03 ·Section 77.031 ·Section 77.041 ·Section 77.07 · quoted 18 August 2026
The writ lands on your employer, and it keeps running
Wage garnishment has its own section, and it is the one that describes what actually happens to a pay packet. Section 77.0305 says that“if salary or wages are to be garnished to satisfy a judgment, the court shall issue a continuing writ of garnishment to the judgment debtor’s employer which provides for the periodic payment of a portion of the salary or wages of the judgment debtor as the salary or wages become due until the judgment is satisfied or until otherwise provided by court order”. Note continuing: this is not a single deduction but a standing instruction to the employer that runs until the judgment is paid off or the court says otherwise.
Two details in the same section are worth knowing. Working for the state or a local authority is no shield: a debtor’s status as a public employee“does not preclude a judgment creditor’s right to garnish the debtor’s wages”, and Florida waives sovereign immunity for that limited purpose. And the employer is paid for the paperwork out of your wages: the court allows it“up to $5” for the first deduction and“up to $2 for each deduction thereafter”.
None of this displaces the exemption below. A continuing writ can be issued and still bring in nothing, because what it reaches is limited by Section 222.11.
Source: Section 77.0305 · quoted 18 August 2026
The head of family exemption, which decides most cases
This is where Florida differs sharply from most states. Section 222.11(2)(a) says:“All of the disposable earnings of a head of family whose disposable earnings are less than or equal to $750 a week are exempt from attachment or garnishment.”
Note the word all. This is not a percentage left over after a deduction, as the federal rules provide; it is a complete exemption below that line.
And the statute defines the term generously. Section 222.11(1)(c):“‘Head of family’ includes any natural person who is providing more than one-half of the support for a child or other dependent.” It is not confined to a particular household shape, and it turns on the support actually provided. Whether it applies to a particular person is a fact-specific question, and that is a question for a lawyer rather than this page.
“Disposable earnings” has its own definition in 222.11(1)(b): the part of the earnings of a head of family remaining after deducting“any amounts required by law to be withheld”.
Source: Section 222.11 · quoted 18 August 2026
Above $750 a week, and the waiver the statute prescribes
Earning more than $750 a week does not simply switch the protection off. Section 222.11(2)(b) provides that disposable earnings of a head of family above that figure“may not be attached or garnished unless such person has agreed otherwise in writing”, and it then sets out exactly what such an agreement must look like. The waiver must:
- “Be written in the same language as the contract or agreement to which the waiver relates”;
- “Be contained in a separate document attached to the contract or agreement”; and
- “Be in substantially the following form in at least 14-point type”, using wording the statute itself supplies, which tells the reader in capitals that all or part of their income is exempt and that they can waive that protection only by signing.
Where a waiver does apply, the amount taken is still capped: the statute says it“may not exceed the amount allowed under the Consumer Credit Protection Act, 15 U.S.C. s. 1673”. And a person who is not a head of family is limited to that same federal cap, under 222.11(2)(c).
Source: Section 222.11 · quoted 18 August 2026
Wages already in the bank keep their protection for six months
A protection that ended the moment wages were paid in would be worth little, and Florida says so. Section 222.11(3) provides that exempt earnings“credited or deposited in any financial institution are exempt from attachment or garnishment for 6 months after the earnings are received by the financial institution if the funds can be traced and properly identified as earnings”.
It also answers the obvious objection: “Commingling of earnings with other funds does not by itself defeat the ability of a head of family to trace earnings.” Mixing your pay with other money in one account does not, on its own, cost you the exemption.
Source: Section 222.11 · quoted 18 August 2026
Common questions about garnishment in Florida
Can a debt collector garnish my wages in Florida?
Normally only after it has a court judgment, and often not even then. Section 77.03 sets out that after judgment the plaintiff files a motion stating the amount of the judgment before the writ issues, and Section 77.0305 provides that where salary or wages are garnished the court issues a continuing writ to the employer, deducting periodically until the judgment is satisfied. Florida does allow a writ before judgment under Section 77.031, but only on a sworn motion alleging specific facts and, in most cases, a bond of at least double the debt, with an immediate right to a hearing to dissolve it under Section 77.07. But Section 222.11 exempts all of the disposable earnings of a head of family whose disposable earnings are $750 a week or less. For most working parents in Florida, that is a complete exemption rather than a reduced deduction.
What does “head of family” mean in Florida?
The statute defines it broadly. Section 222.11(1)(c) says “head of family” includes any natural person who is providing more than one-half of the support for a child or other dependent. It is not limited to a single parent or to any particular household shape, and it turns on the support you actually provide. Whether it applies to you is a fact-specific question for a lawyer, not this page.
What if I earn more than $750 a week?
Even then, a head of family’s disposable earnings may not be garnished unless that person agreed to it in writing. Section 222.11(2)(b) requires that waiver to be in the same language as the underlying contract, contained in a separate document attached to it, and set in at least 14-point type, using the wording the statute itself prescribes. Where a waiver applies, the amount taken may not exceed the federal limit under the Consumer Credit Protection Act. A person who is not a head of family is limited to that federal cap.
Is my pay still protected once it is in my bank account?
For six months, if it can be traced. Section 222.11(3) provides that earnings exempt under the section, once credited or deposited in any financial institution, are exempt from attachment or garnishment for six months after the institution receives them, provided the funds can be traced and properly identified as earnings. The same subsection adds that commingling earnings with other money does not by itself defeat a head of family’s ability to trace them.
Will I be told before my wages are garnished?
The statute requires a notice. Section 77.041 provides that when a plaintiff applies for a writ of garnishment against an individual, the clerk of the court must attach a Notice to Defendant of Right Against Garnishment of Wages, Money, and Other Property, which explains that the writ means wages, money or other property have been garnished to pay a court judgment. That notice is how the exemption is raised, so it should never be ignored.
A collector has threatened to garnish my wages. Is that allowed?
A collector may tell you it intends to seek garnishment, but claiming a right it does not have is a different matter. Section 559.72(9) prohibits claiming, attempting or threatening to enforce a debt when the person knows the debt is not legitimate, or asserting the existence of a legal right when the person knows the right does not exist. Garnishment in Florida requires a judgment, and a head of family earning $750 a week or less is exempt from it entirely, so a threat that ignores both is worth taking advice on.
This page is information about published law, not legal advice, and it does not create a lawyer-client relationship. Whether a person is a head of family, and whether any exemption applies to a particular debt or judgment, depends on facts this page cannot know. Every quotation above was taken from the linked source on the date shown; if you find an error, our corrections policy explains how to tell us.
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