CS/SB 492 - Garnishment/Exemption of Wages
By: Commerce; Smith
Tied Bills: None
Companion Bills: CS/CS/CS/HB 409
Committee(s) of Reference: Commerce; Judiciary
A garnishment is a judicial proceeding in which a creditor asks the court to order a third party who is
indebted to the creditor to turn over to the creditor any of the debtor's property, such as wages or bank
accounts, held by that third party. In Florida, a person who provides more than half the support for a
child or other dependent (head of family) whose disposable earnings are less than or equal to $500 a
week ($26,000 a year) is exempt from wage garnishment. A head of family whose disposable earnings
are greater than $500 a week is also exempt from wage garnishment, unless he or she waives the
exemption in writing.
CS/SB 492 increases the amount of disposable earnings a head of family can make and still be exempt
from garnishment of wages with or without a written waiver from $500 to $750 a week ($39,000 a
year). In addition, the bill provides specific requirements for the written waiver of garnishment to be
effective and provides sample language for the format of the waiver.
Subject to the Governor's veto powers, the effective date of this bill is October 1, 2010.
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