Trust us During these Challenging Times

If you’ve received a Notice and Writ of Garnishment, you need to act fast. Call us immediately to schedule your free consultation. We listen intently and give you the personalized attention you deserve. We will analyze your defenses to the garnishment and formulate a legal strategy. We’ll represent your interests in court and at the garnishment hearing. 

We Handle Garnishment Cases throughout Tampa Bay 

We can represent you in your garnishment case in the following Florida counties: Hillsborough, Pinellas, Pasco, and Hernando. 

How a Garnishment Defense Attorney Can Help You

Has a judgment been entered against you? Is a creditor garnishing your wages or bank account?  

Let an experienced litigator walk you through the garnishment defense process. We may even be able to negotiate a satisfaction of the judgment.  

Call Us Today

If you have been served with a Writ of Garnishment, contact Manta Law immediately. It’s essential to act quickly so that you don’t miss your deadline to file your Claim of Exemption. We have the knowledge and resources to help you determine the best course of action. Call us today.

FREQUENTLY ASKED QUESTIONS

What is garnishment? 

Garnishment is a court order directing that property or money or property be seized to satisfy a debt owed by a debtor to a plaintiff creditor.

How long do I have to respond to the garnishment notice?

You have 20 days after service of the Writ of Garnishment to serve your response. 

How much may be garnished? 

If you qualify as a head of household, all of your disposable earnings less than or equal to $750 a week are exempt from attachment or garnishment. If you’re a head of household earning less than $750 per week, a creditor cannot take your wages in Florida. If you’re a head of household earning $750 or more per week, Section 222.11, Florida Statutes, provides that your earnings may not be attached or garnished unless you agreed in writing. 

If you do not qualify as a head of household, creditors cannot garnish more than 25% of your wages or the amount that exceeds 30 times the minimum wage, whichever is less.

Will I have to appear in court? 

If the matter cannot be resolved prior to the scheduled hearing, you will need to appear in court if you want to contest the garnishment.  

Is it possible to settle the underlying judgment? 

Yes, we can attempt to settle the underlying judgment. We suggest hiring an attorney to assist you in this process. 

Do I need to hire an attorney? 

Florida law allows you to represent yourself. However, we recommend hiring an experienced attorney to defend your rights and help you resolve the matter in the best way possible.  

What are some defenses to the garnishment? 

Exemptions from garnishment are for head of household, social security benefits, workers’ compensation, veteran’s benefits, pensions, life insurance benefits, and disability income benefits. 

Can I still be garnished if my bank account is joint with my spouse? 

Florida law presumes that a joint bank account is jointly owned by both spouses in a “tenancy by the entirety.” Tenancy by the entirety means that a creditor cannot garnish a bank account to collect on the debt of only one spouse. To be entitled to the tenancy by the entirety a debtor must prove: 

1. joint ownership and control of the funds;

2. identical ownership interests in the funds;

3. ownership interests of the debtor and the debtor’s spouse were created by the same legal document;

4. ownership of the debtor and the debtor’s spouse began at the same time; 

5. upon death of the debtor, the surviving spouse will own the funds; 

6. debtor and the debtor’s spouse must have been married when the funds became titled in both names. 

My spouse is the breadwinner. Do I still have a defense to garnishment? 

You may still have a defense to the garnishment. Call us to discuss your options.

How long is a judgment enforceable in Florida? 

A judgment lien is good for 20 years.

Should I file for bankruptcy? 

Filing for bankruptcy will cause wage garnishment to cease, but there are consequence to filing bankruptcy. Our firm does not practice bankruptcy law but we can recommend a local lawyer who does.