Wage garnishment in Florida from credit card debt

[patrolman]

FL

Would signing an application for a Discover card and the associated Cardholder Agreement mean I agreed in writing to have my wages garnished, and thus prevent an exempion as Head of Family?What is the name of your state?

[Betty]

Do they have a judgment against you & are they garnishing your wages? The signing of the credit card app. & the card agree. should not keep exemptions from garnishment in your state from applying.

Fl. - if head of household, 100% of wages exempt from garnishment. If the head of household exemption applies to you, did you notify the court & creditor of this exemption?

[GulfBreeze]

Originally Posted by Betty

Do they have a judgment against you & are they garnishing your wages? The signing of the credit card app. & the card agree. should not keep exemptions from garnishment in your state from applying.

Fl. - if head of household, 100% of wages exempt from garnishment. If the head of household exemption applies to you, did you notify the court & creditor of this exemption?

i believe it's a $500 a week limit on HoH exemption...not 100% if over $500 and agreed so in writing.

You may not have waived any right to claim exemption from garnishment if entitled to them by law unless you agreed by signing an application for this card that included this waiver.

[dcatz]

Originally Posted by Betty
Fl. - if head of household, 100% of wages exempt from garnishment.

That’s essentially correct. All of the disposable earnings of a HoH earning less that $500/wk. are exempt, and all of the disposable earnings of a HoH earning more than $500/wk. are exempt unless the wage earner agrees to the contrary in writing.

OP – if your weekly earnings exceed or may exceed $500/wk., review any credit card application or any other document with financial implications related to a loan, the extension of credit or the like. You can waive your right to assert an exemption for any amount up to the permissible limits of the Consumer Credit Protection Act.

The HoH exemption in FL (F.S.A. 222.11) is a “qualified addition” to the blanket garnishment prohibition in TX, SC, NC and PA. The operative language that is pertinent in the other post is “if entitled to them by law”. The entitlement can definitely be waived.

[GulfBreeze]

Originally Posted by dcatz

That’s essentially correct. All of the disposable earnings of a HoH earning less that $500/wk. are exempt, and all of the disposable earnings of a HoH earning more than $500/wk. are exempt unless the wage earner agrees to the contrary in writing.

OP – if your weekly earnings exceed or may exceed $500/wk., review any credit card application or any other document with financial implications related to a loan, the extension of credit or the like. You can waive your right to assert an exemption for any amount up to the permissible limits of the Consumer Credit Protection Act.

The HoH exemption in FL (F.S.A. 222.11) is a “qualified addition” to the blanket garnishment prohibition in TX, SC, NC and PA. The operative language that is pertinent in the other post is “if entitled to them by law”. The entitlement can definitely be waived.

As most people are aware, Florida is known as a debtor's haven. The exemptions available to Florida residents create great obstacles and challenges for creditors. However, unless properly directed, many debtors fail to fully take advantage of these exemptions.

Some of the exemptions generally available in Florida include an unlimited homestead; wages (with some exceptions); $1,000.00 in personal property; unlimited pensions, annuities and retirement accounts; $1,000.00 equity in an automobile; Life insurance proceeds and cash surrender value; and prepaid college tuition.

While most people believe that a person's wages are entirely exempt from attachment in Florida, such is not the case. In 1994, the Florida legislature passed several amendments to the Florida exemption laws, including the wage exemption. An individual's earnings are only exempt if he/she provides more than 50% of the support for a child or a dependent ("Head of Family"). And even if they qualify as a Head of Family, such earnings, if traceable, may only be exempt for a period of six months.

FSA §222.11(2)(a) Head of Family - Disposable earnings< or =$500/week-100%

FSA §222.11(2)(b) Head of Family - Disposable earnings>$500/week-100% unless otherwise agreed to in writing

[patrolman]

Here is the exact working of the FL Statues that I am researching “I provide more than one-half of the support for a child or other dependent, have net earnings of more than $500 per week, but have not agreed in writing to have my wages garnished.”

I am still trying to locate a copy of the Discover CardMember Agreement to review and research whether that last clause above would apply.

To answer your questions, I do not currently have any judgments against me, and thus am not having my wages garnished. I am just researching because the collection agency working with Discover, FMA Alliance, has implied that they would do this.

According to my latest credit report, this account has been charged off by Discover at just over $5K, and both the report and FMA Alliance say the balance is $18K, while FMA says they are willing to accept half that or $9K to settle it.

At this point, I’m just not sure if Discover or FMA would follow through on trying to get a judgment for wage garnishment on me, for various reasons.

First, since I do qualify as the HOH, I don’t know yet how the pending question of if I “agreed in writing” would be resolved. So that is the key point I was seeking to see if anyone had any knowledge of.

Second, if the various amounts involved are worth it for them - $5K charge-off, $18K balance, and/or $9K settlement offer.

Third, I’ve various posts that Discover is more prone to seek garnishment than others – not sure how true that is.

Again, thanks very much for your quick and informative responses. Please post any more info you might have to offer.

[moburkes]

patrolman, can you turn on your PMs?

[patrolman]

Sure, if you tell me what it is, why you want me to, and how to do it.

I don't do much of this posting or thread stuff.

[moburkes]

Originally Posted by patrolman

Sure, if you tell me what it is, why you want me to, and how to do it.

I don't do much of this posting or thread stuff.

In the top right-hand corner, underneath where it says welcome, patrolman, click Private Messages. On the left click the link for edit options. Towards the bottom in the middle, check the private messages box.

If I wanted to tell all these people what I wanted to talk to you about, I wouldn't ask you to turn on your private messages. It allows us to talk without ears.

I promise, nothing "bad".

[GulfBreeze]

18k?

Let me tell you...if this is an amount that has no defense and you end up losing to, you will have a judgment for that amount plus interest until its paid off. This judgment would also be allowed to stay around for the next 20 years in FL. I would seriously think about looking into chapter 7 BK and get this erased along with any other debts you might have and include it in the BK. That way, you can rest easier knowing that in 7-10 years you would have a clean slate and no one can bother you so long as you don't fall into debt again. One judgment can be a big hit on your credit rating....so can BK but a BK is looked IMHO a little better and you can still get credit in a short time after doing it...in fact, you will get offers to increase it from other banks in a few years. Just a thought. I would file if I had a 18K debt...You might have to move out of FL or come into some money later or property that they can go after if not protected asset. Talk to a attorney that specializes in BK. They usually offer a free consult.

[patrolman]

think I got it, although not by the method you told me to use

[daprez1963]

I have read my agreement and don't see anything about waiving any rights to garnishment exemptions. Where would it say and how would it be said?

[moburkes]

Originally Posted by daprez1963

I have read my agreement and don't see anything about waiving any rights to garnishment exemptions. Where would it say and how would it be said?

You'll need to start your own thread. That way your questions and the OPs questions won't be confused. We'll also know the name of your state.

[daprez1963]

Originally Posted by patrolman

Here is the exact working of the FL Statues that I am researching “I provide more than one-half of the support for a child or other dependent, have net earnings of more than $500 per week, but have not agreed in writing to have my wages garnished.”

Moburkes, I was referring to this statement...."not agreed in writing to have any wages garnished".

As for my state, its Florida. I didn't state it before because I was asking a question mentioned in this thread and was just wanting clarification. Besides, it says Florida in the upper right portion of my post. Thanks for noticing.

[moburkes]

Originally Posted by daprez1963

Moburkes, I was referring to this statement...."not agreed in writing to have any wages garnished".

As for my state, its Florida. I didn't state it before because I was asking a question mentioned in this thread and was just wanting clarification. Besides, it says Florida in the upper right portion of my post. Thanks for noticing.

No, I didn't know what you were quoting, since you didn't quote it, and yes, I saw your state after I typed the answer.