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How do I file a claim of exemption for wage garnishment in Florida?
Use the free tool — Wage Garnishment Defense FL
You may not have to lose your paycheck
Florida has one of the strongest wage protections in the country. Under Florida Statutes chapter 222, if you are the head of a family and provide more than half of a dependent's support, your wages are exempt from garnishment — all of them. This exemption is automatic up to $750 a week. Above that amount, it still applies unless you agreed in writing to let your wages be garnished.
But the exemption is not applied for you. You have to claim it, in writing, within a deadline.
What Florida law protects
- Head of family wages (§222.11): exempt entirely if you provide more than half a dependent's support — automatically up to $750/week, and above that unless you agreed in writing.
- Bank accounts: some money in your account may also be protected, including Social Security funds and wages already deposited.
- Personal property exemption: a separate $1,000 exemption may apply.
- Federal debts (taxes, student loans) and child support follow different rules, not these exemptions.
The 20-day deadline
Florida law (chapter 77) gives you 20 days from the notice to file a claim of exemption. The exact date depends on when you received your notice. File with the clerk of court within that window even if you are not sure you qualify — you can sort out the details later, but missing the deadline can cost you the exemption.
How to file the claim
- Look at the garnishment notice you received — the claim-of-exemption form is usually attached to it.
- Fill out the sworn claim of exemption and request for hearing, stating why you qualify (for example, head of family).
- File it with the clerk of the court that issued the garnishment.
- Send copies to the creditor and any other party the form requires.
- If you need help completing the form, free assistance is available at floridalawhelp.org.
What happens at the hearing
Once you file the claim, the creditor can object. If they do, a hearing is set under Florida Statutes chapters 77 and 222 to decide whether your exemption applies. This is general information about the typical process — it is not a prediction of what will happen in your specific case. Consider speaking with a legal professional or floridalawhelp.org if you want representation.
What's not covered here
Federal tax levies, federal student-loan administrative garnishments, and child-support orders follow separate rules and limits — this guide and tool do not cover those. This is not legal advice, and nothing here is filed for you automatically.
What to do next
Paste your garnishment notice into the free tool. It will tell you which exemptions may fit your situation, calculate the 20-day deadline from your notice, and give you the claim-of-exemption steps and affidavit language — based only on the document and numbers you provide. It does not fill out or file the form for you. Confirm the exact deadline and filing procedure with the clerk's office or floridalawhelp.org.
Wage Garnishment Defense FL is an informational tool based on Florida Statutes chapters 77 and 222 and 15 U.S.C. 1673 as of 2025–26. It is not legal advice and does not file anything. Federal tax levies, federal student-loan administrative garnishments and child-support orders have separate rules and limits. It is not affiliated with any court, creditor or agency.