Section 221.11 of the Florida Statutes provides that Creditors cannot Garnish the Earnings of the Head Of Family, unless the Head of Family has Disposable Earnings over $750 per week and the same person agrees in writing to such Garnishment. Florida Law Section 221.11(b) provides that the written agreement must:
- Be written in the same language as the contract or agreement to which the waive relates;
- Be contained in a separate document attached to the contract or agreement; and
- 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 DEPENDANT ALL OR PART OF YOU 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)
