What Is Proceedings Supplementary? Proceedings supplementary is a legal process in Florida that allows a creditor to collect on a judgment when the debtor has not satisfied the court-ordered payment. When a creditor obtains a…
Quick answer: a domesticated judgment is enforceable for 20 years after the date of the original judgment. What Is a Domesticated Judgment? A creditor who obtains a money judgment against you in a foreign state…
The Small Business Administration (SBA) has specific procedures for debt collection when a borrower defaults on an SBA loan. When a borrower defaults on an SBA loan, the lender typically sends a notice of default….
A judgment lien is a legal mechanism where a creditor secures their ability to collect against a given piece of property. With a Florida judgment lien, a creditor can encumber your property, including real estate,…
A levy is a collection method used by creditors to collect on a judgment. With a levy, a creditor can get an order directing the sheriff’s office to seize the debtor’s personal property and apply…
Execution and levy is a legal process a creditor uses to collect on a judgment. In Florida, execution and levy use a writ of execution to seize any of the debtor’s assets, including tangible personal…
Sometimes clients want to know if their employee benefits can be subject to wage garnishment. The answer is no. Employee benefits cannot be garnished through a wage garnishment in Florida. Court Interpretation Florida courts have…
In most cases, stocks and brokerage accounts can be garnished by a creditor with a money judgment. However, sometimes a brokerage account may be exempt from garnishment due to federal or state law. Brokerage Garnishment…
Suppose a person is subject to a relatively small money judgment owed to a credit card company. In this example, the judgment debtor receives monthly child support payments from her ex-husband. She accumulates the child…
Florida residents that own real or personal property in other states often wonder whether Florida’s generous exemptions from creditors can be asserted in courts located outside of Florida. For example, suppose a judgment debtor has…
A deficiency judgment allows a mortgage lender to recover the difference between the outstanding balance of a mortgage note and the proceeds of a property foreclosure sale. In Florida, a deficiency judgment can also include costs and…
Florida Statute 222.11 prohibits a creditor from garnishing the earnings of a debtor who qualifies as head of household. Florida residents working in another state are unable to enforce this garnishment exemption in foreign state…
Piercing the corporate veil refers to the creditor tactic where a creditor with a judgment against a business pierces the corporation and transfers the judgment to the individual owners. Many business owners are worried that their…
In Florida, a judgment lasts for 20 years. It can be renewed after the 20-year period, although this is rarely done. Judgments that are not recorded as liens, or are recorded as junior liens, are…
A joint bank account can be garnished for a judgment even if the judgment is only against one of the owners. In Florida, bank account garnishments apply to all of your accounts, whether you own…
If a judgment creditor obtains a writ of garnishment against a bank all of a judgment debtor’s accounts at the bank will be frozen until a court orders the money to be turned over to…
Florida has adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA), which allows for the recognition and enforcement of judgments from other states as if they were judgments from a Florida court. This act simplifies…
Our client is the beneficiary of a life insurance policy on her husband’s life. The husband owns the policy. The client has a large civil judgment. The husband died, and the wife filed a claim…
I have a client who lives in Florida where he works as a w-2 employee of a company located outside of Florida. The employer has no offices or retail locations in Florida. A creditor sued…
Stopping a Bank Account Garnishment To stop a bank account garnishment, a judgment debtor should file a claim of exemption, gather all documentation in support of their exemption, and be prepared to prove entitlement to…
Federal law wage garnishment rules are different than Florida’s rules and exemptions from wage garnishment. For instance, federal law permits garnishment of 15% of net wages without regard to any state exemptions. I just learned…
Experienced collection attorneys may collect a judgment against a small business by garnishing the debtor business’s credit card receipts. This is typically done by serving a writ of garnishment upon the company’s merchant account where…
A client suffered a judgment twelve years ago, and the creditor recorded the judgment in the county where the debtor resides. The debtor has moved to a new home this year to live with his…
Florida Statutes exempt from garnishment money paid to a debtor for personal services “whether denominated as wages, salary, commission, or bonus.” Sometimes a “bonus” is not really a bonus for personal services and is not…
Creative creditors and their attorneys are looking for ways to get around debtor’s unlimited Florida homestead protection. There are exceptions to unlimited homestead protection. One exception is when a debtor acquired money by fraud and…
Institutional lenders understand well Florida’s tenants by entireties protection, and they understand that they may not be able to enforce promissory notes against a married borrower unless the note is signed by both the borrower…
Your judgment creditor can target automobiles you own free and clear of any lean. Clients often ask me how a creditor goes about taking their cars. A particular concern is creditors entering the homestead grounds…
No, selling property subject to a lender’s security interest is a crime. Many small business loans from banks are secured by the business’s tangible personal property including office furniture, equipment, and inventory. The lender typically…
garnishment execution judgment
Most people bank at local branches of traditional banks, such as Sun Trust, Bank of America, etc. A judgment creditor can garnish funds in any of the debtor’s bank accounts by serving a writ of…
Your judgment creditor cannot levy upon a car that you lease because you do not have title to the car. True, most of the time. One of my asset protection clients of my clients stated…
Debtors fear court imposed asset freezes prior to judgment. If a creditor can convince a court to freeze a debtor’s assets after the creditor files a lawsuit but before the cases is decided and judgment…
The answer is yes. Workers’ compensation is fully exempt from judgment creditors under Florida Statute section 440.22. This is a different exemption that Florida Statute 222.11, which protects wages and other compensation earned by a…
No, restricted stock is not protected from creditors. A creditor can access the stock, but only to the extent that the debtor themselves can as well. There are very few cases in Florida dealing with…
When a creditor improperly garnishes a protected bank account, the debtor must get a court order dissolving the garnishment. First, review the garnishment notice to understand the reason and legal basis for the garnishment. Determine…
