Wage garnishment is one of the most common ways in <\/span>which creditors collect from individuals in the State of Florida.\u00a0 <\/span>When the creditor files a lawsuit against an individual, one of the unfortunate outcomes can be the entry of a judgment for money damages.\u00a0 <\/span>Upon the entry of a judgment, a creditor can use wage garnishment as a tool to collect the money owed<\/span>.<\/span><\/p>\n

A judgment, in the State of Florida, is also enforceable for 20 years with interest accruing at a statutory rate, which is currently at 4.75 % annually.<\/span>
\n<\/span><\/p>\n

If an individual fails to pay the money damages awarded in the judgment, creditors may obtain an order from the court allowing them to garnish up to twenty-five (25) percent of a person\u2019s net pay.\u00a0 <\/span>This wage garnishment can continue until the total amount of the judgment including interest is paid in full. <\/span><\/p>\n

Bankruptcy is one way in which an individual can stop a wage garnishment.\u00a0 <\/span>Upon the filing of a <\/span>bankruptcy, the bankruptcy court enters an automatic stay against all creditors, which prevents the creditors from taking any further collection action, against the individual who has filed bankruptcy.\u00a0 <\/span>This would include preventing the action of a wage garnishment.\u00a0 <\/span>The automatic stay is entered in both a Chapter 7 a Chapter 13 bankruptcy.<\/span><\/p>\n

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