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…
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…
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…
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…
One of my clients has a claim against a physician for medical practice, but he also has money judgments against him arising out of commercial foreclosure during the real estate recession. He is considering settling his malpractice claim. He ask whether his judgment creditor can garnish the claims or the…
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 about a federal wage garnishment exemption I had never before encountered in asset protection work….
A client called me for assistance dissolving a garnishment of his wages on the grounds that he is head of household in Florida. Florida statutes provide that creditors may not garnish wages of a Florida debtor who is head of household. The garnishment was initiated by a collection agent who…
An attorney called me about one of their clients who is being forced to file Chapter 7 bankruptcy because his wages were garnished. The attorney said that the client supported an adult child living at home. The attorney asked whether the judge properly denied the debtor’s head of household wage…
You would think that debtors’ accounts at a national bank such as BOA or Wells Fargo may be garnished in any state where the bank maintains a branch. I expect most Florida courts would agree, and Florida judges would permit creditors to garnish accounts of Florida debtors held at national…
Florida’s wage garnishment law is brief, but it can be complicated. I find that some people misunderstand the wage garnishment issues expressed in the Statute. A client asked me if there is a $750 limit on the amount a judgment creditor can take from his wages.
