If a writ of garnishment has hit your Florida bank account, you usually have 20 days from the garnishment notice to file a Claim of Exemption with the court, and that filing is what gets your money released. Florida protects several categories of funds from creditors — head-of-family wages, Social Security and other federal benefits, retirement accounts, and accounts held jointly by spouses — but the bank freezes first and asks questions later. The exemptions are real, and they almost always have to be claimed in writing.
What a Frozen Account Means Right Now
The moment your bank is served with the writ, it must hold the money in your checking and savings accounts up to the amount stated in the writ.1Online Sunshine. Florida Code 77.06 – Writ Effect The bank gets the order before you do. Your first sign is often a declined card or a bounced auto-payment.
The bank has 20 days to file an answer with the court stating your balance and what it is holding.2Online Sunshine. Florida Code 77.04 – Writ Form After it does, the creditor has five days to mail you that answer along with a notice of your right to challenge the garnishment. Your 20-day window to file a Claim of Exemption runs from that notice.3Online Sunshine. Florida Code 77.055 – Service of Garnishees Answer and Notice of Right to Dissolve Writ Miss it and you can lose the right to assert the exemptions.4Online Sunshine. Florida Code 77.041 – Notice to Individual Defendant for Claim of Exemption From Garnishment
If the bank is unsure whether a particular deposit should be included, it is allowed to freeze the money anyway and let the court sort it out, without liability to you.1Online Sunshine. Florida Code 77.06 – Writ Effect That is why speed and documentation on your end matter.
Money Florida Law Protects
Chapter 222 of the Florida Statutes shields several categories of money from creditors. None of these protections apply automatically to a frozen account; you have to raise them.
Head-of-Family Wages
If you provide more than half the financial support for a child or other dependent, Florida treats you as “head of family.” If your disposable earnings are $750 a week or less, all of them are exempt. If you earn more than $750 a week, your earnings are still protected unless you previously signed a written waiver in the specific form the statute requires.5Online Sunshine. Florida Code 222.11 – Exemption of Wages From Garnishment
The protection follows the wages into your bank account for six months after deposit, as long as the money can be traced and identified as earnings. Mixing wages with other funds in the same account does not automatically destroy the exemption, but you will need records showing which deposits came from your paycheck.5Online Sunshine. Florida Code 222.11 – Exemption of Wages From Garnishment Bank statements showing direct deposits that match pay stubs are usually the cleanest proof.
Federal Benefits
Money from federal benefit programs keeps its exempt status after it lands in your account. Protected categories include:
- Social Security retirement, survivor, and SSI disability payments
- Veterans’ benefits
- Workers’ compensation payments
- Unemployment benefits
Retirement Accounts
Florida exempts money held in qualified retirement accounts from creditor claims. That covers 401(k)s, traditional and Roth IRAs, 403(b) and 457(b) plans, pensions, and other accounts that qualify for tax-exempt status under the Internal Revenue Code. Pension money you received within three months before the garnishment is also protected if you can show it is needed for your support or your family’s support.6Florida Senate. Florida Code 222.21 – Exemption of Pension Money and Certain Tax-Exempt Funds or Accounts From Legal Processes
Accounts Jointly Owned by Spouses
Florida recognizes bank accounts held by married couples as “tenants by the entireties.” When an account is titled that way, a creditor with a judgment against only one spouse generally cannot reach it. The debt has to be owed by both spouses before the creditor can get at the funds. The protection comes from Florida Statute 222.25.
The Automatic Protection You Don’t Have to File For
Federal law adds a layer of automatic protection on top of Florida’s rules. Under 31 CFR Part 212, when a bank receives a garnishment order it must review the account within two business days to see whether a federal benefit agency deposited payments during the prior two-month lookback period.7eCFR. 31 CFR 212.5 – Account Review
If benefits were deposited during that window, the bank calculates a “protected amount” and keeps it accessible to you. You do not file anything. You do not assert an exemption. The bank cannot freeze the protected amount, cannot charge a garnishment fee against it, and must treat it as conclusively exempt.8eCFR. 31 CFR 212.6 – Rules and Procedures to Protect Benefits The protection applies regardless of who else is on the account, what else is deposited there, or what the writ says.7eCFR. 31 CFR 212.5 – Account Review
Anything in the account above that protected amount can still be frozen in the ordinary way. And the review happens once per garnishment order, so it is not an ongoing shield against future writs.
How to File a Claim of Exemption
For any exempt money the federal lookback doesn’t cover, you file a “Claim of Exemption and Request for Hearing” with the court that issued the writ. It is a sworn statement telling the court and the creditor that the frozen money is legally protected. The deadline is 20 days from the date you receive the garnishment notice.4Online Sunshine. Florida Code 77.041 – Notice to Individual Defendant for Claim of Exemption From Garnishment
Blank forms are available from your county clerk of court. There is no filing fee. You need the case number and court name from the garnishment notice, and you check the boxes for each exemption that fits your situation — head-of-family wages, Social Security, retirement funds, and so on.
Because it is a sworn document, back it up. Attach bank statements showing direct deposits from your employer or a benefit agency, pay stubs matched to deposit amounts and dates, Social Security award letters, or retirement distribution notices. The stronger the paper trail, the harder it is for the creditor to push back. For wages paid by direct deposit, a bank statement showing regular deposits on the same cycle as your pay is often the most persuasive single piece of evidence.
What Happens After You File
Once you file the Claim of Exemption and serve a copy on the creditor or their attorney, the creditor has 8 business days to file a written objection if you hand-delivered the form, or 14 business days if you mailed it.4Online Sunshine. Florida Code 77.041 – Notice to Individual Defendant for Claim of Exemption From Garnishment
If no timely objection is filed, no hearing happens. The clerk automatically dissolves the writ, mails notice to the parties, and the bank releases your funds.4Online Sunshine. Florida Code 77.041 – Notice to Individual Defendant for Claim of Exemption From Garnishment This is the common outcome for well-documented claims. Many creditors will not spend attorney time fighting a clear Social Security or head-of-family claim.
If the creditor does object, the court sets a hearing as soon as practicable. You explain why the funds are exempt and show your documents. The creditor argues their side. The judge then either orders the bank to release the money or allows the creditor to collect. You can appear with or without an attorney, but organized documentation that matches each deposit to its exempt source carries most of the weight.
Debts That Can Override the Usual Protections
The exemptions above apply to ordinary consumer debts like credit cards, medical bills, and personal loans. Some debts play by different rules. Federal and state tax debts are not subject to the same wage-garnishment limits that apply under the Consumer Credit Protection Act. Child support and alimony allow garnishment of a much larger share of income: up to 50 percent of disposable earnings if you are supporting another spouse or child, and up to 65 percent if you are not and the payments are more than 12 weeks past due. If your garnishment is for one of these, the standard exemptions may not fully protect your account.