Wage garnishment is one of the most common ways in which creditors collect from individuals in the State of Florida. When the creditor files a lawsuit against an individual, one of the unfortunate outcomes can be the entry of a judgment for money damages. Upon the entry of a judgment, a creditor can use wage garnishment as a tool to collect the money owed.
A judgment, in the State of Florida, is also enforceable for 20 years with interest accruing at a statutory rate, which is currently at 4.75 % annually.
If an individual fails to pay the money damages awarded in the judgment, creditors may obtain an order from the court allowing them to garnish up to twenty-five (25) percent of a person’s net pay. This wage garnishment can continue until the total amount of the judgment including interest is paid in full.
Bankruptcy is one way in which an individual can stop a wage garnishment. Upon the filing of a bankruptcy, the bankruptcy court enters an automatic stay against all creditors, which prevents the creditors from taking any further collection action, against the individual who has filed bankruptcy. This would include preventing the action of a wage garnishment. The automatic stay is entered in both a Chapter 7 a Chapter 13 bankruptcy.
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