Wage Garnishment for Student Loans in Florida: What Borrowers Need to Know

Yes, wages can be garnished for defaulted student loans in Florida. Both federal and state laws apply, and understanding the limits is crucial.

Federal Rules

Under federal law, the U.S. Department of Education or its guaranty agencies can garnish up to 15% of disposable pay without a court order for defaulted federal student loans.

Florida State Law

If a private lender or debt collector sues and obtains a court judgment, Florida law allows garnishment of up to 25% of disposable earnings (income after legally required deductions like taxes and Social Security). The judgment must be registered with the Florida Department of Revenue, and proper procedures must be followed.

Key Exemptions in Florida

• Wages cannot be garnished if the borrower receives food stamps (SNAP) or other public assistance.
• Active-duty military members have additional protections under the Servicemembers Civil Relief Act (SCRA).
• Head-of-household exemptions may apply if the borrower provides more than half the support for a dependent.

Options If You're Facing Garnishment

• Contact your loan servicer immediately to discuss rehabilitation, consolidation, or income-driven repayment plans.
• Request a hearing to challenge the garnishment amount or validity.
• Consult a consumer protection or bankruptcy attorney—filing for bankruptcy may stop garnishment (though student loans are rarely discharged).

Disclaimer: This is general information, not legal advice. Laws change; consult a qualified attorney for your situation.