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

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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: Fla. Dist. Ct. App. | Date Filed: 2016-07-27T00:00:00-07:00

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… first writ as heads of household under section 222.11 and that the Appellees failed to deny these claims….2d 1278, 1279 (Fla. 4th DCA 2000). Under section 222.11(2), “disposable earnings of a head of family” under…denominated as wages, salary, commission, or bonus.” § 222.11(a). The issue in this case is whether the payments… monies from employment qualify for the section 222.11(2)(b) exemption, the relevant inquiry is often

Hart v. Wachovia Bank, National Ass'n

Court: Fla. Dist. Ct. App. | Date Filed: 2015-02-26T00:00:00-08:00

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…State v. Burris, 875 So.2d 408 (Fla.2004). Section 222.11, Florida Statutes (2005), provides in pertinent… writing” to garnishment as required by section 222.11, when he signed the Guaranty with the waiver language….3d 56, 60-1 (Fla. 2d DCA 2011) stated, “section 222.11(2)(b) does not prescribe any particular language… that case, the court briefly described section 222.11(2)(b), Florida Statutes (1993), as providing “that

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

Court: Fla. Dist. Ct. App. | Date Filed: 2015-01-07T00:00:00-08:00

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

Snippet: section 222.11 applies the exemption to non-residents of Florida. Prior to 1993, section 222.11 included…an outdated version of the statute. Section 222.11, Florida Statutes (2013), provides a garnishment…waive the protection from garnishment in writing. § 222.11(2)(a)-(b), Fla. Stat. (2013). Since the exemption… the support for a child or other dependent.” § 222.11(l)(c), Fla. Stat. (2013). Debtor does not dispute…personal labor or services of such person. § 222.11, Fla. Stat. (1991) (emphasis added). In 1993, the

USAmeriBank v. Klepal

Court: Fla. Dist. Ct. App. | Date Filed: 2011-10-12T00:00:00-07:00

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…disposable earnings, in accordance with Section 222.11, Florida Statutes, in order to satisfy, in whole…that [Mr. Klepal] consented, in accordance with § 222.11, Fla. Stat. (2007)[,] to the issuance of a continuing…exemption from wage garnishment. V. DISCUSSION Section 222.11 addresses the issue of the exemption of wages from…written agreement to the contrary. Under section 222.11(2)(a), all of the disposable earnings of a head

Cullen v. Marsh

Court: Fla. Dist. Ct. App. | Date Filed: 2010-05-12T00:00:00-07:00

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…are exempt from execution under sections 222.11(2)(c) and 222.11(3) of the Florida Statutes does not contradict… the burden of proving entitlement to a section 222.11 exemption. § 77.041(3), Fla. Stat. (2008); see …burden of proving his entitlement to the section 222.11 exemption at a hearing held on a motion to dissolve…burden of proving the entitlement to [a section 222.11] exemption is on the debtor."). That is precisely

Cadle Co. v. Pegasus Ranch, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2006-02-28T23:53:00-08:00

Citation: 920 So. 2d 1276

Snippet: .1978). Section 222.11 establishes the "head of family" exemption. § 222.11(1)(c), (2)(a) &…"head of family," pursuant to section 222.11, Florida Statutes (2004). As to assets possessed

Karwoski v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2004-02-17T23:53:00-08:00

Citation: 867 So. 2d 486

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: Fla. Dist. Ct. App. | Date Filed: 2003-08-13T00:00:00-07:00

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

Brock v. Westport Recovery Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 2002-12-03T23:53:00-08:00

Citation: 832 So. 2d 209

Snippet: quot;head of family" exemption under section 222.11, Florida Statutes (2001) did not apply; however…garnishment, a claim for exemption under section 222.11, and a request for hearing. Sworn to by Brock as…. 834, 839 (Bankr.M.D.Fla. 1998). Under section 222.11(2)(b), "[d]isposable earnings of a head of…quot; within the meaning of the statute. Section 222.11(1)(a), states that "`[e]arnings' includes… monies from employment qualify for the section 222.11(2)(b) exemption, the relevant inquiry is often

Windsor-Thomas Group, Inc. v. Parker

Court: Fla. Dist. Ct. App. | Date Filed: 2001-03-22T23:53:00-08:00

Citation: 782 So. 2d 478

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

Rudd v. First Union National Bank

Court: Fla. Dist. Ct. App. | Date Filed: 2000-06-28T00:00:00-07:00

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…exemptions from garnishment contained in sections 222.11 and 222.12, Florida Statutes (1999), may properly

Cadle Co. v. G & G ASSOCIATES

Court: Fla. Dist. Ct. App. | Date Filed: 2000-05-31T00:53:00-07:00

Citation: 757 So. 2d 1278

Snippet: quot;head of family" as defined in section 222.11(c), Florida Statutes. Under oath, Appellant'… as earnings as that term is defined in section 222.11, Florida Statutes. At a motion calendar hearing…payable ... for personal services or labor." § 222.11(1)(a), Fla. Stat. (1999) (emphasis added). A return…#39;s head of household affidavit under section 222.11 may not exempt all the "other monies"

Sunshine Resources, Inc. v. Simpson

Court: Fla. Dist. Ct. App. | Date Filed: 1999-10-13T00:00:00-07:00

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

Snippet: pursuant to section 222.11, and therefore did not result in fraudulent transfers. See § 222.11(3), Fla. Stat…not exempt from execution as wages under section 222.11, Florida Statutes. Sunshine argues that James, … the issue of the exemption pursuant to section 222.11 was tried by consent of the parties pursuant to…Hooley Settlement proceeds were exempt under section 222.11, once the proceeds were paid to James, they were

Cadle Co. v. G & G ASSOCIATES

Court: Fla. Dist. Ct. App. | Date Filed: 1999-06-16T00:53:00-07:00

Citation: 737 So. 2d 1136

Snippet: head of family" within the meaning of section 222.11, Florida Statutes (1997). Along with the motion…the "head of a household" under section 222.11, since he was married to Christine Grieco and provided

Hill v. Haywood

Court: Fla. Dist. Ct. App. | Date Filed: 1999-05-21T00:53:00-07:00

Citation: 735 So. 2d 539

Snippet: 222.12, Florida Statutes (1997), we reverse. Section 222.11(2)(b), Florida Statutes (1997), provides that the…support for a child or other dependent." § 222.11(1)(c). In order to avail oneself of this exemption…quot; as this designation is defined in section 222.011(1)(c). Second, we can think of no reasonable rationale

Vining v. Segal

Court: Fla. Dist. Ct. App. | Date Filed: 1999-05-05T00:00:00-07:00

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…garnishment as “wages.” We reverse. Under section 222.11(2), the determination of whether Segal’s accounts…earnings” for his “personal services or labor.” § 222.11(l)(a), Fla. Stat. (1997). See Patten Package Co

Broward v. Jacksonville Medical Center

Court: Fla. | Date Filed: 1997-03-19T23:53:00-08:00

Citation: 690 So. 2d 589

Snippet: wages." § 222.11, Fla.Stat. (1989). In 1993, the legislature again amended section 222.11 to provide …the language of section 222.11 is persuasive in the instant case. Section 222.11 clearly shows that the…legislative history of the wage exemption in section 222.11, Florida Statutes (1983), which prior to 1985 read…), interpreted the foregoing wording of section 222.11 to mean that wages for personal services were no…the legislature expanded the exemption in section 222.11 by adding an additional sentence, which provided

Broward v. Jacksonville Medical Center, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1996-05-23T00:53:00-07:00

Citation: 673 So. 2d 962

Snippet: section 440.22 to section 222.11, Florida Statutes. Prior to 1985, section 222.11 provided that no writ of…Thereafter, the Legislature twice amended section 222.11. The current version of the statute provides that…earnings are received by the financial institution. § 222.11(3), Fla.Stat. (1993). The circuit court concluded…provision similar to the one inserted into Section 222.11." We recognize that the bankruptcy court in…decisions interpreting the previous version of section 222.11, and by the Legislature's failure to modify

Williams v. Espirito Santo Bank of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 1995-05-24T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 1994-12-20T23:53:00-08:00

Citation: 647 So. 2d 327

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