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I believe my employer is illegally garnishing my wages, please help, state of Florida
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CuteButKindaUseless is in Florida
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I have a court ordered judgement against me. They filed a writ of garnishment towards my job. I on average don't make enough money to have my wages garnished. From my understanding I must exceed 217.50 a week in excess disposable income to be eligible for garnishment. Excess disposable income is my gross income after deductions, so my net income. My employer is insisting on going by my Gross not Net. That's the first issue. Also when I research how much should be garnished I find this info:

25% of your disposable income or the amount by which your disposable income exceeds 30 times the federal minimum wage, whichever is less.

So just for sake of example lets say my excess disposable income was 250, that's my net pay after deductions. Is the garnishment 250 x 25% = 62.50 or is it 250 - 217.50 = 32.50 x 25% = 8.13 ? Wouldn't 8.13 be the answer since it's the lesser amount or am I understanding the math wrong? Because my employer is going by the larger amount not the smaller.

My other issue is I have told them I have sought legal council on this in the past, I am like 99% I know what I'm talking about here, and they won't listen. They refuse to get legal council and want to follow the law firms papers verbatim but the worksheet the law firm sent them is misleading. It never clearly explains how exemptions work and just tells them to garnish my net pay. But instead of speaking to an attorney what they did do is go to clerk of court and said they verified the garnishment and that they were abiding by the guidelines requested in the court order. I don't know if that's considered legal council, I assume asking validity is not, but in regards to guidelines on how to garnish my wages and deal with exemptions... is that not legal advice? I don't believe my employer should be going to a clerk of court to get their info beyond verifying validity. They're backing me into a corner where I have to hire an attorney to deal with this now because basically my gross wages are going to always show I am eligible for garnishment but my net won't and they are basically garnishing 25% of all my income now no matter what I say. They also almost sent a bunch of my paystubs to the law firm without my consent but I stopped them. Nowhere in the writ of garnishment did they even ask to verify my income, they said they spoke to the law firms attorney over the phone and they told them to send that. They are acting of their own accord and doing what the law firm wants. And the clerk has empowered them on the stance. This can't be legal? Help please, I'm at a loss.

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Posted
9 months ago