Is a Creditor Garnishing Your Paycheck or Freezing Your Bank Account?
Learn how federal law can instantly stop active garnishments, unfreeze your money, and protect your hard-earned income in Jacksonville.
The Instant Protection of the Bankruptcy “Automatic Stay”
Under federal law, filing a Chapter 7 or Chapter 13 bankruptcy triggers an immediate court order called an Automatic Stay. This order forces the creditor, your employer, and your bank to immediately halt all garnishments and levies. Even if the money has already been deducted from your check this week, an attorney can often force the creditor to return it if it was taken right before the filing.
Navigating the Florida “Head of Household” Exemption
Florida has unique, strict wage protections. Under Florida Statute § 222.11, if a debtor provides more than half of the financial support for a child or other dependent, they qualify as a “Head of Family.” A local Jacksonville attorney files a Claim of Exemption and requests an emergency hearing at the Duval County Courthouse to completely dissolve the garnishment if the creditor ignores this status.
Common Debtors Triggering Garnishments in Duval County
The common triggers of Wage Garnishments:
1) Old credit card companies that won a default court judgment.
2) Subprime auto lenders seeking deficiencies after a car repossession.
3) Medical debt collections from major North Florida hospital networks.