Florida Debt Relief: Strong Walls, With Very Specific Doors
Florida protects a head of family's paycheck almost completely, traces exempt wages into the bank for six months, and caps nothing on the homestead. Every protection has precise edges, and collectors know each one.
This page is for informational purposes only and does not constitute legal or financial advice. State laws change frequently. Consult a qualified attorney or financial professional for advice specific to your situation.
Florida's debtor protections are famous for the homestead, but the working one for most people is quieter: if you provide more than half the support for a child or other dependent, your wages are essentially untouchable for consumer judgments, and they stay protected for six months after hitting the bank.
weekly earnings fully exempt for a head of family
And earnings above that stay exempt too, unless you signed a very specific written waiver. Non heads of family get the federal formula instead.
The head of family rule, precisely
Florida Statute 222.11 exempts all disposable earnings of a head of family, anyone providing more than half the support for a child or other dependent, at or below $750 per week. Earnings above $750 are also exempt unless the debtor agreed otherwise in a separate written waiver document with statutory 14 point type language, something buried in loan paperwork does not qualify.
Workers who are not heads of family fall back to the federal ceiling: the lesser of 25 percent of disposable earnings or the amount above 30 times the federal minimum wage. Support orders, IRS levies, and federal student loans pierce the exemption under their own rules.
Credit card suits filed on the written cardmember agreement get 5 years; suits pleaded as open account or account stated get 4. Partial payment restarts the clock only for written instruments.
The six month tracing rule, and the homestead
Unlike Texas, Florida follows exempt wages into the bank: earnings that qualify for the exemption remain protected for six months after deposit, provided they can be traced and identified as earnings. Commingling paychecks with other money is how people lose that protection in practice, so where exempt wages land matters.
The homestead is protected without a dollar cap, half an acre inside a municipality or 160 acres outside, subject only to taxes, the mortgage itself, and liens for work on the property. Personal property gets a $1,000 constitutional exemption, plus a $4,000 wildcard for debtors not claiming homestead benefits.
What most sites have not caught up to
Florida quintupled its vehicle exemption in 2024
Effective July 1, 2024, the single motor vehicle exemption rose from $1,000, where it had sat since 1993, to $5,000 of equity. Combined with the constitutional $1,000 and the $4,000 non homesteader wildcard, a Florida debtor without a homestead claim can now shield up to $10,000 across a car and personal property. Most consumer pages still list the old number.
Collectors must register, even from out of state
Florida requires consumer collection agencies to register with the Office of Financial Regulation and renew annually, and the requirement reaches out of state collectors contacting Florida residents. Collecting without registration risks fines up to $10,000. Debt management and credit counseling fees are separately capped by statute, at $50 for setup and modest monthly limits thereafter.
Florida debt questions
Can my wages be garnished in Florida?
If you are a head of family, providing more than half the support for a child or other dependent, your disposable earnings at or below $750 a week are fully exempt, and above that they remain exempt unless you signed a separate statutory waiver. Otherwise the federal limits apply: the lesser of 25 percent of disposable earnings or the excess over 30 times the federal minimum wage.
What is the statute of limitations on debt in Florida?
5 years for written contracts and promissory notes, 4 years for oral agreements and store accounts. Credit cards run 4 or 5 years depending on whether the suit is pleaded on the written agreement or as an open account. Partial payment restarts the clock only for obligations founded on a written instrument.
Is my bank account protected in Florida?
Exempt wages stay protected for six months after deposit if they can be traced and identified as earnings, which makes keeping them unmixed with other money important. Federal benefits keep their own protections, and other exemptions must be claimed when levy paperwork arrives.
Can a creditor take my house in Florida?
Florida's constitutional homestead exemption has no dollar cap, covering half an acre inside a municipality or 160 acres outside. It does not stop the mortgage lender, taxes, or liens for work done on the property.
How much car equity is protected in Florida?
$5,000 in a single motor vehicle since July 1, 2024, up from the $1,000 figure that stood for three decades, plus the $1,000 constitutional personal property exemption and, for debtors not claiming homestead benefits, a $4,000 wildcard.
Sources and further reading: Fla. Stat. 222.11 (head of family wages; deposit tracing), Fla. Stat. 95.11 (limitation periods), Fla. Stat. 222.25 (vehicle and wildcard exemptions), Fla. Stat. 559.553 (collection agency registration). Rates and rules change; confirm current figures with the official sources above before you rely on them.
Debt Relief in Other States
More states coming soon.