Recent Changes to Florida’s Wage Garnishment Exemption Update

By: Mark S. Mitchell

Recently, the Florida Legislature amended F.S. § 222.11, the statutory exemption of an individual’s earnings from wage garnishment. The amendment of § 222.11 modified Florida’s wage garnishment exemption and afforded greater protection to debtors. Specifically, the amendment increased the amount of a debtor’s exempt disposable earnings and also added certain requirements to the wage garnishment exemption waiver.

Given the amendment’s material change to the exemption waiver, lenders, particularly banks, need to be aware of the change and incorporate the new waiver requirements into their loan documents. It is also worth noting that the amendment of § 222.11 is not given retroactive application and, therefore, the new waiver requirements apply to contractual agreements executed after October 1, 2010.

While garnishment can be an effective tool for collecting judgments, the garnishment wage exemption can serve as an impediment to collection from an otherwise financially solvent judgment debtor. If lenders fail to understand and account for the recent changes under § 222.11 with respect to the garnishment exemption waiver, then the effectiveness of wage garnishment may be substantially limited.