Florida Statutes

Fla. Stat. § 222.11 (2025)

Exemption of wages from garnishment.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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222.11 Exemption of wages from garnishment.—

(1) As used in this section, the term:

(a) “Earnings” includes compensation paid or payable, in money of a sum certain, for personal services or labor whether denominated as wages, salary, commission, or bonus.

(b) “Disposable earnings” means that part of the earnings of any head of family remaining after the deduction from those earnings of any amounts required by law to be withheld.

(c) “Head of family” includes any natural person who is providing more than one-half of the support for a child or other dependent.

(2)(a) All of the disposable earnings of a head of family whose disposable earnings are less than or equal to $750 a week are exempt from attachment or garnishment.

(b) Disposable earnings of a head of a family, which are greater than $750 a week, may not be attached or garnished unless such person has agreed otherwise in writing. The agreement to waive the protection provided by this paragraph must:

1. Be written in the same language as the contract or agreement to which the waiver relates;

2. Be contained in a separate document attached to the contract or agreement; and

3. Be in substantially the following form in at least 14-point type:

IF YOU PROVIDE MORE THAN ONE-HALF OF THE SUPPORT FOR A CHILD OR OTHER DEPENDENT, ALL OR PART OF YOUR INCOME IS EXEMPT FROM GARNISHMENT UNDER FLORIDA LAW. YOU CAN WAIVE THIS PROTECTION ONLY BY SIGNING THIS DOCUMENT. BY SIGNING BELOW, YOU AGREE TO WAIVE THE PROTECTION FROM GARNISHMENT.

(Consumer’s Signature) (Date Signed)

I have fully explained this document to the consumer.

(Creditor’s Signature) (Date Signed)

The amount attached or garnished may not exceed the amount allowed under the Consumer Credit Protection Act, 15 U.S.C. s. 1673.

(c) Disposable earnings of a person other than a head of family may not be attached or garnished in excess of the amount allowed under the Consumer Credit Protection Act, 15 U.S.C. s. 1673.

(3) Earnings that are exempt under subsection (2) and are credited or deposited in any financial institution are exempt from attachment or garnishment for 6 months after the earnings are received by the financial institution if the funds can be traced and properly identified as earnings. Commingling of earnings with other funds does not by itself defeat the ability of a head of family to trace earnings.

History.—s. 1, ch. 2065, 1875; RS 2008; GS 2530; RGS 3885; CGL 5792; s. 1, ch. 81-301; s. 6, ch. 85-272; s. 2, ch. 93-256; s. 1, ch. 2010-97.

Notes of Decisions

Cited in 144 cases (6 in the last 5 years), 1952–2026 · leading case: MDFC Equip. Leasing Corp. v. Glickman (In Re Glickman), 126 B.R. 124 (Bankr. M.D. Fla. 1991).

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MDFC Equip. Leasing Corp. v. Glickman (In Re Glickman), 126 B.R. 124 (Bankr. M.D. Fla. 1991). · cites it 23× “Therefore, the money owed by the Garnishee to Defendant is not exempt under F.S. § 222.11. On the other hand, Defendant argues he is an employee of the Garnishee, thus the money owed by the Garnishee to Defendant constitutes wages and is exempt under F.”

In Re Pettit, 224 B.R. 834 (Bankr. M.D. Fla. 1998). · cites it 24× “(3)Earnings that are exempt under subsection (2) and are credited or deposited in any financial institution are exempt from attachment or garnishment for 6 months after the earnings are received by the financial institution if the funds can be traced and properly identified as…”

In Re Edward Schlein & Kay Schlein, Debtors. Edward Schlein & Kay Schlein v. George E. Mills, Jr., Tr., Florida Nat'l Bank, 8 F.3d 745 (11th Cir. 1993). · cites it 8× “We are also called upon to decide a Florida law issue that is unrelated to the ERISA preemption question: whether the Florida wage exemption statute, Fla.Stat.Ann. § 222.11 (West 1989), provides an exemption for that part of a bank account that consists of the earnings of an…”

Broward v. Jacksonville Med. Ctr., 690 So. 2d 589 (Fla. 1997). · cites it 12× “11 to provide that the funds are exempt for six months after earnings are received by the financial institution if they can be traced and properly identified, even though they may have been commingled with other funds.”

In Re Harrison, 216 B.R. 451 (Bankr. S.D. Florida 1997). · cites it 24× “00 constitutes exempt earnings within the purview of Fla. Stat. § 222.11 . CONCLUSIONS OF LAW This Court has subject matter jurisdiction pursuant to 28 U.”

Kane v. Stewart Tilghman Fox & Bianchi, P.A., 197 So. 3d 137 (Fla. 4th DCA 2016). · cites it 10× “§ 222.11.” (quoting In re McDermott, 2011 WL 740727 , at *2 (Bankr.”

Killian v. Lawson, 387 So. 2d 960 (Fla. 1980). · cites it 8× “The Fourth District Court of Appeal affirmed [1] and certified the following question: Whether a divorced man, who pays

In Re Braddy, 226 B.R. 479 (Bankr. N.D. Fla. 1998). · cites it 22× “See § 222.11, Fla. Stat. (1998). DISCUSSION Once a bankruptcy petition has been filed, whether a voluntary, involuntary or joint case, an estate is created.”

In Re Zamora, 187 B.R. 783 (Bankr. S.D. Florida 1995). · cites it 11× “After consideration of the record, including the posthearing memoranda, the Court concludes that the assets in question do not qualify as earnings under Fla.Stat. § 222.11. Therefore, the Trustee’s objection will be sustained.”

Brock v. Westport Recovery Corp., 832 So. 2d 209 (Fla. 4th DCA 2002). · cites it 10× “We affirm the trial court's finding the "head of family" exemption under section 222.11, Florida Statutes (2001) did not apply; however, we quash the continuing writ of garnishment because Brock's earnings were not "salary or wages" within the meaning of section 77.”

Nedzad Miljkovic v. Shafritz & Dinkin, P.A., 791 F.3d 1291 (11th Cir. 2015). · cites it 2× “See Fla. Stat. § 222.11 . Appellees sought that information through discovery, and, in order to avoid dissolution of the writ of garnishment before such discovery took place, Appellees had to file the sworn reply.”

In Re Wheat, 149 B.R. 1003 (Bankr. S.D. Florida 1992). · cites it 12× “In Harrington , this Court held that monies contributed to a debtor’s retirement fund by the debtor and his employer were not exempt pursuant to Fla.Stat. § 222.11 since the fund could not be characterized as wages.”

Show all 144 citing cases →

— 222.11(1)(a) — 2 cases

Brock v. Westport Recovery Corp., 832 So. 2d 209 (Fla. 4th DCA 2002). “We affirm the trial court's finding the "head of family" exemption under section 222.11, Florida Statutes (2001) did not apply; however, we quash the continuing writ of garnishment because Brock's earnings were not "salary or wages" within the meaning of section 77.”

Cadle Co. v. G & G Assocs., 757 So. 2d 1278 (Fla. 4th DCA 2000).

— 222.11(1)(c) — 4 cases

Cadle Co. v. Pegasus Ranch, Inc., 920 So. 2d 1276 (Fla. 4th DCA 2006).

Hill v. Haywood, 735 So. 2d 539 (Fla. 2d DCA 1999).

In Re Weinshank, 406 B.R. 413 (Bankr. S.D. Florida 2009).

USAmeriBank v. Klepal, 100 So. 3d 56 (Fla. 2d DCA 2011).

— 222.11(2) — 5 cases

Kane v. Stewart Tilghman Fox & Bianchi, P.A., 197 So. 3d 137 (Fla. 4th DCA 2016). “§ 222.11.” (quoting In re McDermott, 2011 WL 740727 , at *2 (Bankr.”

In re IM, 495 B.R. 46 (Bankr. M.D. Fla. 2013).

Sunshine Resources, Inc. v. Simpson, 763 So. 2d 1078 (Fla. 3d DCA 1999).

USAmeriBank v. Klepal, 100 So. 3d 56 (Fla. 2d DCA 2011).

Vining v. Segal, 731 So. 2d 826 (Fla. 3d DCA 1999).

— 222.11(2)(a) — 6 cases

Sunshine Resources, Inc. v. Simpson, 763 So. 2d 1078 (Fla. 3d DCA 1999).

In Re Braddy, 226 B.R. 479 (Bankr. N.D. Fla. 1998). “See § 222.11, Fla. Stat. (1998). DISCUSSION Once a bankruptcy petition has been filed, whether a voluntary, involuntary or joint case, an estate is created.”

In re IM, 495 B.R. 46 (Bankr. M.D. Fla. 2013).

Dena J. Ulisano v. Frederick Ulisano, III, a/k/a Rick Ulisano & Moredirect, Inc., 154 So. 3d 507 (Fla. 4th DCA 2015).

USAmeriBank v. Klepal, 100 So. 3d 56 (Fla. 2d DCA 2011).

— 222.11(2)(b) — 9 cases

Kane v. Stewart Tilghman Fox & Bianchi, P.A., 197 So. 3d 137 (Fla. 4th DCA 2016). “§ 222.11.” (quoting In re McDermott, 2011 WL 740727 , at *2 (Bankr.”

Williams v. Espirito Santo Bank of Florida, 656 So. 2d 212 (Fla. 3d DCA 1995).

In Re Mcdermott, 425 B.R. 848 (Bankr. M.D. Fla. 2010).

Hill v. Haywood, 735 So. 2d 539 (Fla. 2d DCA 1999).

— 222.11(2)(c) — 1 case

In Re Weinshank, 406 B.R. 413 (Bankr. S.D. Florida 2009).

— 222.11(2)(e) — 1 case

In Re Weinshank, 406 B.R. 413 (Bankr. S.D. Florida 2009).

— 222.11(3) — 4 cases

Sunshine Resources, Inc. v. Simpson, 763 So. 2d 1078 (Fla. 3d DCA 1999).

Broward v. Jacksonville Med. Ctr., Inc., 673 So. 2d 962 (Fla. 1st DCA 1996).

In Re Lee, 190 B.R. 953 (Bankr. M.D. Fla. 1995).

In Re Weinshank, 406 B.R. 413 (Bankr. S.D. Florida 2009).

— 222.11(a) — 1 case

Kane v. Stewart Tilghman Fox & Bianchi, P.A., 197 So. 3d 137 (Fla. 4th DCA 2016). “§ 222.11.” (quoting In re McDermott, 2011 WL 740727 , at *2 (Bankr.”

— 222.11(c) — 1 case

Cadle Co. v. G & G Assocs., 757 So. 2d 1278 (Fla. 4th DCA 2000).

— 222.11(l)(a) — 4 cases

In Re Mcdermott, 425 B.R. 848 (Bankr. M.D. Fla. 2010).

Vining v. Segal, 731 So. 2d 826 (Fla. 3d DCA 1999).

In re IM, 495 B.R. 46 (Bankr. M.D. Fla. 2013).

In Re Cook, 454 B.R. 204 (Bankr. N.D. Fla. 2011).

— 222.11(l)(c) — 7 cases

In Re Zamora, 187 B.R. 783 (Bankr. S.D. Florida 1995). “After consideration of the record, including the posthearing memoranda, the Court concludes that the assets in question do not qualify as earnings under Fla.Stat. § 222.11. Therefore, the Trustee’s objection will be sustained.”

Kane v. Stewart Tilghman Fox & Bianchi, P.A., 197 So. 3d 137 (Fla. 4th DCA 2016). “§ 222.11.” (quoting In re McDermott, 2011 WL 740727 , at *2 (Bankr.”

In Re Lawton, 261 B.R. 774 (Bankr. M.D. Fla. 2001).

Lamb v. Household Fin. Corp. III (In Re Lamb), 409 B.R. 534 (Bankr. N.D. Fla. 2009).

Dena J. Ulisano v. Frederick Ulisano, III, a/k/a Rick Ulisano & Moredirect, Inc., 154 So. 3d 507 (Fla. 4th DCA 2015).

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