Garnishment

Courts have not been kind to judgment debtors who attempted to exempt as head of household wages the compensation they received from a business they own and control.  Florida state and federal courts have ruled that a business owner’s compensation is typically business profit rather than wages even through the business owner pays employment tax …

Head of Household Exemption of Compensation Paid to Business OwnerRead More

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 the creditor. The judgment debtor may raise objections and defenses to the garnishment based upon the ownership of the account …

Florida Garnishments Expire in Six MonthsRead More

Florida law exempts from garnishment earning paid to a debtor who is head of household. Head of household means that the debtor provides most of the support for another person whom the debtor is legally obligated to support. Taxpayers claim as a tax dependent people whom they financially support. Usually, a head of household also …

Head of Household Exemption Does Not Require Dependent Tax DesignationRead More

Several courts have held that a judgment creditor may not garnish a debtor’s bank account located in another state when the bank has no Florida branches. In February, 2019, a U.S. federal court reached the same conclusion, but in this case, the court gave the creditor additional time and options to get the debtor’s money. …

Florida Court Cannot Garnish Georgia Bank AccountRead More

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 with the life insurance company. The insurance company delivered a check for the insurance proceeds to our client, and the …

Garnishment of Life Insurance Death Benefit Payable to DebtorRead More

Last month, April 2018, I wrote a post about the location of debtor’s financial accounts for legal purposes such as garnishment. I stated then that I thought most accounts with national firms would be deemed to be located where the debtor resided. I had received confirmation from one such firm by email. I think the …

Update On Location of Your Banks and Brokerage AccountsRead More

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 my client in a Florida court and obtained a Florida judgment. The creditor then domesticated the judgment in the foreign …

Is Florida Debtor Subject To Wage Garnishment Served on Out of State Employer?Read More

My client is divorced and provides money to his former wife each month for child support. His ex-wife works but my client says his child support payment pays for most his child’s expenses. The child lives with their mother. The child is over 18 and in college. The client wants to know if his wages …

Head of Household Exemption For Support of Adult ChildrenRead More

Judgment debtors may want to open bank accounts at banks located exclusively outside of Florida in order to deter garnishment of their bank accounts after a judgment is entered. It is more expensive and time consuming for a creditor to transfer its Florida judgment to another state so that the foreign state’s court issue a …

Florida Court’s Garnishment of Account At Extraterritorial BankRead More

Clients planning for asset protection sometimes debate whether they should work as an employee or as an independent contractor. Employee wages are subject to a continuing wage garnishment, but the Florida Statute 222.11 clearly exempts wages paid to one who is head of household. Payments to independent contractors may be garnished, but garnishment is more …

Court Says Independent Contractor Can Assert Head of Household ExemptionRead More