A sitting Haines City city commissioner had her city wages briefly subject to a court ordered garnishment tied to a civil judgment involving a vehicle related debt owed jointly by her and her husband, before a Polk County judge later granted an exemption that stopped the wage withholding.
Court records show the case involves Financial Portfolios II, Inc. and defendants Kimberly A. Downing and Darrick J. Downing. The matter stemmed from a vehicle account that went unpaid and later resulted in a civil judgment. After the judgment remained unresolved, the creditor sought to collect by filing a continuing writ of wage garnishment.
Because Commissioner Downing receives compensation from the City of Haines City, the city was named as the garnishee. In correspondence included in the court file, Omar DeJesus, Finance Director for the City of Haines City, confirmed the commissioner is paid $1,833.33 per month, which equates to approximately $22,000 per year.
Payroll records associated with the case show that $416.41 was withheld from Downing’s pay for September and another $416.41 was withheld for October, totaling $832.82. That amount was later returned on Nov. 5, after the court ruled on Downing’s exemption request.
Downing filed a Claim of Exemption under Florida law, asserting that her wages qualified for protection as head of family wages. In her sworn filing, she stated that she provides more than half of the financial support for a dependent child and that her net earnings of $750 or below per week, within the statutory limits that shield wages from garnishment. Florida law allows individuals who meet those criteria to seek relief from wage garnishment, even after a writ has been issued.
The creditor opposed the exemption and requested a hearing. Court records show a hearing was held, during which Downing provided sworn testimony. Following that hearing, the judge granted the exemption, dissolved the continuing writ of garnishment, and ordered that any wages withheld during the process be released back to her. The garnishment action was administratively closed.
Commissioner Downing was elected in a May 2024 runoff election and is serving a four year term on the Haines City Commission. Commissioners are responsible for adopting the city’s annual budget, approving ordinances, voting on land use and development matters, setting certain fees and policies, and appointing key city leadership positions. The Haines City Commission oversees decisions involving a municipal budget of approximately $151.5 million, with commissioners voting on how those public funds are allocated.
The Daily Ridge reached out to Commissioner Downing for comment prior to publication but did not receive a response.
