The $750 Rule: Florida Wage Garnishment Exemptions

Wage garnishment in Florida runs into some of the strongest debtor protections in the country, and most of the work is done by a single statute, the head-of-family exemption. This article covers when wages can be garnished after a judgment, the head-of-family exemption and its $750 weekly threshold under Fla. Stat. § 222.11, the federal ceiling that applies to everyone else, the income that stays protected even after it lands in a bank account, and how a debtor files a claim of exemption. It is one of the collection topics in Florida small claims; the creditor’s side of the same process is covered in getting a writ of garnishment in Florida.

How wage garnishment works in Florida

Wage garnishment is a post-judgment collection tool, not a way to start a case. A creditor cannot reach a paycheck until it has a money judgment and obtains a writ of garnishment directed at the debtor’s employer. The employer, not the debtor, is the party the writ commands.

When wages are the target, Fla. Stat. § 77.0305 directs the court to issue a continuing writ of garnishment to the employer. A continuing writ stays in force and captures a portion of each paycheck as wages come due until the judgment is satisfied or the court orders otherwise, so the creditor does not file a fresh writ every pay period. The statute lets the employer keep a small administrative amount out of the debtor’s pay: up to $5 for the first deduction and up to $2 for each deduction after that. The steps a creditor takes to obtain and serve that writ are covered in the writ of garnishment process.

How much a continuing writ actually collects turns on two questions: whether the debtor is a head of family, and the federal ceiling that caps every wage garnishment regardless of the answer.

The head-of-family exemption

The head-of-family exemption is the reason many Florida wage garnishments collect nothing. It comes from Fla. Stat. § 222.11, which protects the earnings of a “head of family.” The statute defines a head of family as any natural person who provides more than one-half of the support for a child or other dependent.

For a head of family, the protection depends on a weekly threshold. All of the disposable earnings of a head of family whose disposable earnings are $750 or less per week are fully exempt from garnishment. “Disposable earnings” means what is left after amounts the law requires to be withheld, such as taxes. Earnings above $750 a week for a head of family also cannot be garnished, with one exception: the debtor can give up the protection, but only through a separate written agreement.

A debtor who is not a head of family, for example, a single person with no dependents, does not get this exemption. Their wages can be garnished, but only up to the federal limit described next.

The federal cap when the head-of-family exemption does not apply

Every wage garnishment in Florida is also capped by federal law, the Consumer Credit Protection Act. For a debtor who is not a head of family, this federal ceiling is the main limit on what a creditor can take.

15 U.S.C. § 1673 limits an ordinary wage garnishment to the lesser of two figures: 25 percent of the debtor’s weekly disposable earnings, or the amount by which those weekly disposable earnings exceed 30 times the federal minimum wage. As of 2026, the federal minimum wage is $7.25 an hour, which puts the 30-times floor at $217.50 a week. Disposable earnings at or below $217.50 a week cannot be garnished at all for an ordinary debt, and above that level no more than 25 percent comes out. Florida’s own statute points back to this same federal ceiling for a person who is not a head of family, so the two limits work together rather than stacking.

Higher percentages apply to a few special categories of debt that the Consumer Credit Protection Act treats differently, including court-ordered child support and alimony, defaulted federal student loans, and unpaid federal taxes. Those obligations follow their own federal collection rules rather than the 25 percent cap.

Income that stays exempt, even in a bank account

Wage protection does not always end the moment a paycheck is deposited. Under Fla. Stat. § 222.11, earnings that are exempt as head-of-family wages keep their exemption for 6 months after they are credited to a financial institution, as long as the funds can be traced and identified as earnings. The statute adds that mixing those earnings with other money in the same account does not by itself defeat a head of family’s ability to trace them.

Several other categories of income are exempt from garnishment regardless of amount, and the claim form attached to a garnishment writ under Fla. Stat. § 77.041 lists the major ones: Social Security and Supplemental Security Income, public assistance, workers’ compensation, reemployment assistance (unemployment compensation), veterans’ benefits, retirement and pension money, certain life insurance and annuity proceeds, and disability income benefits. A garnishment that reaches a bank account holding these funds can be challenged through the claim-of-exemption process.

How to claim a wage garnishment exemption

Florida builds in a notice step so a debtor can assert an exemption before money changes hands. For an individual debtor, Fla. Stat. § 77.041 requires the clerk to attach a “Notice to Defendant” to the writ, explaining that wages and other property have been garnished and that state and federal law exempt certain categories. The notice includes the Claim of Exemption and Request for Hearing form the debtor uses to assert the head-of-family exemption or any other listed exemption.

1. Watch for the Notice to Defendant

   After the writ issues, the plaintiff must mail a copy of the writ, the motion, and the Notice to Defendant to the debtor’s last known address within 5 business days after the writ is issued or 3 business days after it is served on the garnishee, whichever is later. The 20-day clock to respond runs from the date the debtor receives this notice.

2. Complete and notarize the claim of exemption

   The Claim of Exemption and Request for Hearing form lists the exemption categories, including head-of-family wages, Social Security, veterans’ benefits, and the others. The debtor checks each category that applies and signs the form under oath before a notary.

3. File within 20 days and serve copies

   The debtor files the sworn claim with the clerk of the court within 20 days after receiving the notice and mails or hand delivers a copy to the plaintiff (or the plaintiff’s attorney) and to the garnishee, certifying that service on the form.

4. Wait out the plaintiff's objection window

   Once the claim is filed, the plaintiff has 8 business days to object if the claim was hand delivered, or 14 business days if it was mailed. If the plaintiff files no objection in time, the clerk automatically dissolves the writ and releases the wages or funds, with no hearing needed.

5. Attend the hearing if the plaintiff objects

   If the plaintiff does object, the court sets a hearing to decide whether the claimed exemption applies. The debtor can attend with or without an attorney and presents evidence that the earnings or funds fit the exemption.