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Federal Exception To Wage Garnishment Protection
A lady contacted me about with a question about garnishment of her paycheck by the federal government because of defaulted student loan. The caller said the government told her they could garnish 10% of her take home pay even though she supported a child, and that Florida Statute 222.11, which exempts from garnishment all wages of a head of household, did not stop the government’s garnishment for student loan default. The government cited their authority under 20 U.S.C. 1095(a) which is quoted, in part below.
Sec. 1095a. - Wage garnishment requirement
(a) Garnishment requirements
Notwithstanding any provision of State law, (emphasis added) a guaranty agency, or the Secretary in the case of loans made, insured or guaranteed under this subchapter and part C of subchapter I of chapter 34 of title 42 that are held by the Secretary, may garnish the disposable pay of an individual to collect the amount owed by the individual, if he or she is not currently making required repayment under a repayment agreement with the Secretary, or, in the case of a loan guaranteed under part B of this subchapter on which the guaranty agency received reimbursement from the Secretary under section 1078(c) of this title, with the guaranty agency holding the loan, as appropriate, provided that ....
Although I have never previously had a client facing this particular issue, I have now learned of an exception to Florida’s unlimited wage garnishment protection where a federal law regarding education loan defaults specifically overrides state law.
July 20, 2004 | Permalink
Comments
My husband and I income definitely don't pay all the bills. Our house is in foreclosure preceedings right now,student loan is threating to garnish my husband's wages.They did a financial analysis and saw where our ends don't meet.I am having surgery after surgery for tumors.Is there something that we can do,like a hardship program to help us.The mortgage took out another insurance even though we already have insurance and added more money onto our mortgage payments,this is not right.I feel we are being scammed by them because I have proof to show we already have a homeowners policy in place. All because of this,we got behind on our mortgage payments because we couldn't afford the extra insurance,now our house is due to be foreclosed on in Sept.08.Help!!
Posted by: roberta graham | Mar 13, 2009 10:54:46 AM
I LIVE IN FLORIDA AND HAVE A ONLINE PAYDAY LOAN CAN THEY GARNISH MY WAGES. ELAINE
Posted by: | Jan 15, 2009 3:32:13 PM
I have an answer for all of you people dealing with People garnishing your wages from your job. If you don't have a job then you can't get garnished, right. So to enlighten you on your problems, read carefully. Entrepreneurs built this country with what< small business. Now here is the difference. If you work for someone as a gainful employee you are subject to what ever it is that state sets forth. However, if you open a small business then you have a bit of leverage over the state. See, when you work for someone Uncle cheapass sam takes what is owed plus and garnishments, you get whats left. If you own a business then you get to spend the money as a write off on what ever you like and Uncle cheapass Sam bites the bullet and only gets what is left. Now, Being that you took action and started a small business, you get a better tax return and you let the garnishee take what ever they want. However, if you shelter you hard earned money in Real Estate performing certain techniques, noone can hamper your lifestyle. Want to know how to start up a small business? Send me an email for I set individuals up as small business owners. So do you want to keep working long crazy hours, with no time off and un-happy with life just to make other people's pockets fatter or would you rather own a business and live life on your terms?
Posted by: T whorls | Oct 31, 2008 11:56:19 AM
any tips for pro se wife who won temp orders requiring husband to pay - meanwhile husband's lawyer withdraws - husband did not pay per orders - wife missed out on charging him with contempt - final decree entered giving wife money judgment for husbands portion of community debt incurred during the marriage -but.... husband had left state of washington without agreeing to divorce - goes to florida gets a person pregnant - has twins! all before the wife even filed for divorce - babies are born 6 months before divorce is final- now problem for wife is enforcing judgment - which will require wage garnishment of husband now being harbored by the state of florida whose 222.11 statute head of household - may prevent wage garnishment- but the husband is employed and makes well over $500 per week - wife does not know whether the "babies" have been legally named as his as he was not married to the mother and no longer associates with the mother but has the "babies" in his possession. wife will fight this but needs any advice any one has to offer as - the community debt incurred by the husband was quite substantial- and the husband basically abandoned or skipped town to avoid paying his debt in washington state and should not be excused from debt incurred before his new debt occurred - one would think ....
Posted by: d valentine | Sep 27, 2008 4:27:15 AM
My Husbands ex-wife was court ordered to pay some $10,000 in bills that were incurred during there marriage. She moved to Florida and remarried. We live in Indiana were the bills were incurred now we are being sued for the money. She agreed to pay the bills and recieved half of his 401K to pay the bills which she did not. We also have custody of their two children. We also have my son and we also had a child two years ago. Is there any way to make her own up to the agreements she made with the courts here in Indiana?
Posted by: Amy | Aug 28, 2008 1:40:29 PM
Nobody is answering, so stop posting questions & go get a lawyer!
Posted by: asb4419 | Apr 2, 2008 2:28:11 PM
I reaviced apart of my pension and put it inthe bank is my money protection from garnishment
Posted by: JAMES BANKS | Feb 22, 2008 10:28:11 PM
i owe money to chase credit card company and am with debt settlement program trying to settle my debt. chase already called me to court once and now they sent me final judgment paperwork where i need to include my bank account numbers. i did not do that, but they keep calling me and trying to get me to court. the account that i have with debt settlement program does not have enough funds to get a settlement done. I am a head of household, a single mother of one and home owner and wanted to find out if they have a way to garnish my wages? thanks.
Posted by: nathalie | Feb 4, 2008 9:10:28 PM
My sister is 50 years old, lives in Florida, is totally disabled and receives social security disability. She is receiving threatening calls from a credit company who states that they are going to garnish her social security check (I think she gets ($800/month) and have told her that if she doesn't pay her parents (80 year old) are liable. The creditors keep asking for her bank account # and I have been explicit with her as to NOT give them that number. I believe that the dept is for an unsecured school loan (from the early '90's) which has been sold to a 3rd party creditor. Is there a statute of limitations that can protect her and my parents?
Posted by: Barb | Jan 24, 2008 6:11:41 PM
You are a bunch of whining deadbeats.
PAY YOUR BILLS.
My mothers fathers milkmans sons girlfriend wrecked my car.. Who cares! Own up to your RESPONSIBILITIES!
Whiners.. Get a JOB!
Posted by: Helen | Dec 6, 2007 11:02:12 PM
