COVID UPDATE

This firm is now able to have all meetings necessary to file a bankruptcy case by telephone or video chat via Skype or Zoom.  Documents can be signed electronically, and filed upon the electronic signature with the originals mailed to the office by postal mail later.  Court hearings before judges are almost always held by telephone until the emergency is over, and meetings of creditors set before April 10 are continued, ones set after April 10 are tentatively being scheduled but procedures may change to do these by video or telephone.

   

The firm remains open to serve your needs while keeping everyone safe.


813-870-3100 | 506 N. Armenia Ave. Tampa FL 33609

Michael Barnett, PA
506 N. Armenia Ave. Tampa FL 33609 | 813-870-3100

 

Wage Garnishment in Florida:

The Florida Statutes, §222.11, provide that the wages of a head of a household are generally exempt from garnishment.  The head of a household is generally defined as someone who provides more than ½ the support for another.

 

An exemption to this exemption is that if the head of household agreed in writing to allow the wages to be garnished.  Until 2010 the statute protected all wages up to $500/week from any garnishment.  In 2010 the statute was amended to protect up to $750/week from any garnishment.  One issue that was recently decided by an appellate court in Florida is that this increase does apply to loans incurred prior to 2010.

 

Any garnishment is still subject to the limits of the Consumer Protection Act, 15 U.S.C. s 1673.  This statute limits exemptions to 25% of an individual’s weekly disposable income.   The recent decision from the appellate court also ruled that this applies in concert with §222.11 to limit garnishments to only 25% of the amount of the weekly disposable income more than the $750/week amount protected by §222.11.  Thus, if someone makes $800/week disposable income, only $12.50/week is subject to garnishment ($800 - $750) * .25.  This decision is critical to allow increased protection of borrowers against garnishment.

 

See https://tampabankruptcy.blogspot.com/2020/11/amended-florida-wage-exemption-statute.html

 

Michael Barnett, Esq.
Michael Barnett, PA
506 N Armenia Ave.
Tampa, FL 33609-1703

813-879-3100

Over 25 Years in Florida

Serving Hillsborough and Pasco County Florida for Over 25 Years!

Michael Barnett has provided his services in and around Tampa, Florida covering Hillsborough, Pasco and Polk County for over 20 years.

Board Certified

Mr. Barnett is board certified by the American Board of Certification in consumer bankruptcy law, and has been board certified since January 1993.

BBB Accredited

The BBB has determined that this business meets accreditation standards.