Florida's Head of Family exemption applies to bank deposits

[Tom]

 

 

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Florida's Head of Family exemption applies to bank deposits

via Law Fox by Tom Fox on 11/30/12

I recently wrote about Florida's statutory exemption from wage garnishment for the "head of a family". See: Florida wage garnishment exemption for head of household. If applicable and if properly documented & asserted, this exemption provides certain protection for a debtor's wages in the hand of the employer, before the wages are paid to the debtor-employee.

But, what about after the wages are paid and a debtor deposits his or her paycheck with a bank in a personal checking account, or if wages are paid by means of direct deposit? Florida Statutes 222.11(3) expressly covers this situation:

"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."

It then becomes a practical problem of tracing and properly identifying the funds in the account.

Note: These post of mine are date-stamped and the information is accurate as of today, in November, 2012. But, the Internet is forever and if you are reading this at some future date, say five years from now, everything might have changed in the meantime and the information in this post may have become obsolete. Be careful.

 

 

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