Florida Statute 222.11 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XV
HOMESTEAD AND EXEMPTIONS

Chapter 222
METHOD OF SETTING APART HOMESTEAD AND EXEMPTIONS

View Entire Chapter

F.S. 222.11

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.

F.S. 222.11 on Google Scholar

F.S. 222.11 on Casetext

Amendments to 222.11

Arrestable Offenses / Crimes under Fla. Stat. 222.11

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 222.11.

Annotations, Discussions, Cases:

Cases Citing Statute 222.11

Total Results: 20

Kane v. Stewart Tilghman Fox & Bianchi, P.A.

Court: District Court of Appeal of Florida | Date Filed: 2016-07-27

Citation: 197 So. 3d 137, 2016 Fla. App. LEXIS 11413, 2016 WL 4016280

Snippet: allow garnishment of wages over $750 per week. § 222.11(2). Once a head of household exemption is claimed

Hart v. Wachovia Bank, National Ass'n

Court: District Court of Appeal of Florida | Date Filed: 2015-02-26

Citation: 159 So. 3d 244, 2015 Fla. App. LEXIS 2701, 2015 WL 798961

Snippet: was exempt from garnishment pursuant to section 222.11, Florida Statutes. A hearing was conducted before

Dena J. Ulisano v. Frederick Ulisano, III, a/k/a Rick Ulisano and Moredirect, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2015-01-07

Citation: 154 So. 3d 507, 2015 Fla. App. LEXIS 156

Snippet: an outdated version of the statute. Section 222.11, Florida Statutes (2013), provides a garnishment

USAmeriBank v. Klepal

Court: District Court of Appeal of Florida | Date Filed: 2011-10-12

Citation: 100 So. 3d 56, 2011 WL 4809107, 2011 Fla. App. LEXIS 16156

Snippet: disposable earnings in accordance with section 222.11, Florida Statutes (2007), we reverse the circuit

Cullen v. Marsh

Court: District Court of Appeal of Florida | Date Filed: 2010-05-12

Citation: 34 So. 3d 235, 2010 Fla. App. LEXIS 6548, 2010 WL 1875638

Snippet: exempt from garnishment under sections 222.11(2)(c) and 222.11(3) of the Florida Statutes (2008).[2] Patchett

Cadle Co. v. Pegasus Ranch, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2006-03-01

Citation: 920 So. 2d 1276, 2006 WL 473149

Snippet: to him as "head of family," pursuant to section 222.11, Florida Statutes (2004). As to assets possessed

Karwoski v. State

Court: District Court of Appeal of Florida | Date Filed: 2004-02-18

Citation: 867 So. 2d 486, 2004 WL 330877

Snippet: Since it is also our obligation to construe section 222.11 liberally in favor of the debtor, it is reasonable

Crawford v. City National Bank

Court: District Court of Appeal of Florida | Date Filed: 2003-08-13

Citation: 851 So. 2d 897, 2003 Fla. App. LEXIS 12333

Snippet: PER CURIAM. Affirmed. See § 222.11(l)(c), Florida Statutes (2002); Mazzella v. Boinis, 617 So.2d 1156

Brock v. Westport Recovery Corp.

Court: District Court of Appeal of Florida | Date Filed: 2002-12-04

Citation: 832 So. 2d 209, 2002 Fla. App. LEXIS 17756, 2002 WL 31696814

Snippet: finding the "head of family" exemption under section 222.11, Florida Statutes (2001) did not apply; however

Windsor-Thomas Group, Inc. v. Parker

Court: District Court of Appeal of Florida | Date Filed: 2001-03-23

Citation: 782 So. 2d 478, 2001 WL 282804

Snippet: wages. See, e.g., art. 10, § 1, Fla. Const.; § 222.11, Fla.Stat. (1999); Orange Brevard Plumbing & Heating

Rudd v. First Union National Bank

Court: District Court of Appeal of Florida | Date Filed: 2000-06-28

Citation: 761 So. 2d 1189, 2000 Fla. App. LEXIS 8018, 2000 WL 827076

Snippet: from garnishment of wages pursuant to sections 222.11 and 222.12 as head of the family. On February 22

Cadle Co. v. G & G ASSOCIATES

Court: District Court of Appeal of Florida | Date Filed: 2000-05-31

Citation: 757 So. 2d 1278, 2000 Fla. App. LEXIS 6587, 2000 WL 690505

Snippet: he was a "head of family" as defined in section 222.11(c), Florida Statutes. Under oath, Appellant's account

Sunshine Resources, Inc. v. Simpson

Court: District Court of Appeal of Florida | Date Filed: 1999-10-13

Citation: 763 So. 2d 1078, 1999 Fla. App. LEXIS 13477, 1999 WL 817908

Snippet: not exempt from execution as wages under section 222.11, Florida Statutes. Sunshine argues that James,

Cadle Co. v. G & G ASSOCIATES

Court: District Court of Appeal of Florida | Date Filed: 1999-06-16

Citation: 737 So. 2d 1136, 1999 Fla. App. LEXIS 7916, 1999 WL 393656

Snippet: "head of family" within the meaning of section 222.11, Florida Statutes (1997). Along with the motion

Hill v. Haywood

Court: District Court of Appeal of Florida | Date Filed: 1999-05-21

Citation: 735 So. 2d 539, 1999 WL 318490

Snippet: 12, Florida Statutes (1997), we reverse. Section 222.11(2)(b), Florida Statutes (1997), provides that the

Vining v. Segal

Court: District Court of Appeal of Florida | Date Filed: 1999-05-05

Citation: 731 So. 2d 826, 1999 Fla. App. LEXIS 5759

Snippet: dissolve the writ, asserting that under section 222.11, Florida Statutes (1997), the funds were exempt

Broward v. Jacksonville Medical Center

Court: Supreme Court of Florida | Date Filed: 1997-03-20

Citation: 690 So. 2d 589, 22 Fla. L. Weekly Supp. 132, 1997 Fla. LEXIS 317, 1997 WL 123269

Snippet: legislative history of the wage exemption in section 222.11, Florida Statutes (1983), which prior to 1985 read

Broward v. Jacksonville Medical Center, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1996-05-23

Citation: 673 So. 2d 962, 1996 WL 270827

Snippet: section 440.22 to section 222.11, Florida Statutes. Prior to 1985, section 222.11 provided that no writ of

Williams v. Espirito Santo Bank of Florida

Court: District Court of Appeal of Florida | Date Filed: 1995-05-24

Citation: 656 So. 2d 212, 1995 Fla. App. LEXIS 5594, 1995 WL 316780

Snippet: Inc., 283 So.2d 570 (Fla. 4th DCA 1973). Section 222.11(2)(b), Florida Statutes (1993), provides that the

Beardsley v. Admiral Ins. Co.

Court: District Court of Appeal of Florida | Date Filed: 1994-12-21

Citation: 647 So. 2d 327, 1994 Fla. App. LEXIS 12384, 1994 WL 706229

Snippet: accounts. [2] The debtor also relies on section 222.11, Florida Statutes (1993), although it is not clear