Under tenants by entireties law, a joint account between married couples is protected from garnishment resulting from a separate judgment against just one of the spouses. But what if the joint account is not tenants by entireties? Or, what if the account is jointly owned between unmarried family members (such as parent and child)? When …
Garnishment of a Joint Account When Funds Belong to Non-Debtor Owner Read More »
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 Owner Read 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 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 Designation Read 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 Account Read 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 Debtor Read 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 Accounts Read 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 Children Read 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 Bank Read More »