Wage garnishment and exemptions in Florida

Florida protects a set dollar amount of a head of family's weekly pay. Here is what is protected in your bank account, the property you can keep and how to claim an exemption.

Short answer

Florida protects a set dollar amount of your weekly pay if you are the head of a family. Stricter than federal for a head of family: if you provide more than half the support of a child or other dependent, all your disposable earnings up to $750 a week are protected, and more than that is protected too unless you waived it in a separate signed document. Others: federal limit (Fla. Stat. § 222.11(2)). In a bank account: Exempt wages of a head of family stay protected in a bank account for 6 months after deposit if they can be traced as wages (Fla. Stat. § 222.11(3)).

Wage limit
Head of family: $750 a week protected
Federal benefits in a bank account
Up to 2 months protected
Law
Fla. Stat. § 222.11; 15 U.S.C. § 1673

Your paycheck and garnishment in Florida

Wage limit
Stricter than federal for a head of family: if you provide more than half the support of a child or other dependent, all your disposable earnings up to $750 a week are protected, and more than that is protected too unless you waived it in a separate signed document. Others: federal limit (Fla. Stat. § 222.11(2)).
Head of household
Head of family (more than half the support of a child or dependent): disposable earnings up to $750 a week fully exempt; above that exempt unless waived in writing (Fla. Stat. § 222.11).
Law
Fla. Stat. § 222.11; 15 U.S.C. § 1673

The federal cap (15 U.S.C. 1673(a)) is a floor; Florida's rule applies where it protects more.

In nearby states

What creditors can't take in Florida

  • Your homestead is protected by the Florida Constitution (Art. X, § 4).
  • By statute you can protect a motor vehicle up to $5,000 and, if you don't claim the homestead exemption, other personal property up to $4,000 (Fla. Stat. § 222.25).
  • For hospital medical debt the limits are $10,000 each (Fla. Stat. § 222.26).

Also in Florida

  • 2024: medical debt protections (3-year limit for hospital debt, $10,000 vehicle and property exemptions for that debt, collection-action conditions), ch. 2024-183.

Bank accounts and garnishment in Florida

Exempt wages of a head of family stay protected in a bank account for 6 months after deposit if they can be traced as wages (Fla. Stat. § 222.11(3)).

Two months of federal benefits paid by direct deposit are off-limits to a garnishment, and the bank applies this on its own (31 CFR 212.5, 212.6). How garnishment follows a lawsuit.

No garnishment without a judgment in Florida

If you don't answer: In small claims, if you don't appear at the scheduled time, the plaintiff is entitled to a default and the judge can enter final judgment (Fla. Sm. Cl. R. 7.170).

Answer the lawsuit by the deadline. In Florida: Small claims (up to $8,000, county court): you must appear at the pretrial conference shown on your summons/notice to appear (Fla. Sm. Cl. R. 7.090).

What to do if you are sued in Florida

How to claim an exemption in Florida

  1. Read every notice

    Look for the date to claim exemptions on every court, employer or bank notice.

  2. Know Florida's limit

    Florida's wage rule: Stricter than federal for a head of family: if you provide more than half the support of a child or other dependent, all your disposable earnings up to $750 a week are protected, and more than that is protected too unless you waived it in a separate signed document. Head of family (more than half the support of a child or dependent): disposable earnings up to $750 a week fully exempt; above that exempt unless waived in writing (Fla. Stat. § 222.11).

  3. Check your bank deposits

    Florida also protects money in an account: Exempt wages of a head of family stay protected in a bank account for 6 months after deposit if they can be traced as wages (Fla. Stat. § 222.11(3)). Two months of direct-deposited federal benefits must be left alone (31 CFR 212.6).

  4. File the exemption claim

    Ask the court clerk for the exemption claim form and file it by the deadline. Start with Florida court self-help (official).

Questions about garnishment in Florida

How much of my paycheck can be garnished in Florida?

Stricter than federal for a head of family: if you provide more than half the support of a child or other dependent, all your disposable earnings up to $750 a week are protected, and more than that is protected too unless you waived it in a separate signed document. Others: federal limit (Fla. Stat. § 222.11(2)).

Can a creditor empty my bank account in Florida?

Exempt wages of a head of family stay protected in a bank account for 6 months after deposit if they can be traced as wages (Fla. Stat. § 222.11(3)).

Does Florida protect more pay for a head of family?

Head of family (more than half the support of a child or dependent): disposable earnings up to $750 a week fully exempt; above that exempt unless waived in writing (Fla. Stat. § 222.11).

Can a creditor take my home or car in Florida?

Your homestead is protected by the Florida Constitution (Art. X, § 4). By statute you can protect a motor vehicle up to $5,000 and, if you don't claim the homestead exemption, other personal property up to $4,000 (Fla. Stat. § 222.25). For hospital medical debt the limits are $10,000 each (Fla. Stat. § 222.26).

Are my Social Security and VA benefits safe in a Florida bank account?

Two months of federal benefits paid by direct deposit are off-limits to a garnishment, and the bank applies this on its own (31 CFR 212.5, 212.6). Exempt wages of a head of family stay protected in a bank account for 6 months after deposit if they can be traced as wages (Fla. Stat. § 222.11(3)).

Related Florida pages

Wage garnishment in nearby states

Sources

Last checked: Oct 24, 2026.

Federal sources