Judgment Collection

Using Florida Exemptions for Property Located in Other States

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 judgment entered against him in New York. The debtor lives and works in Florida….

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Is Florida a Community Property State?

No, Florida is not a community property state. In a community property state, any assets acquired by either spouse during the marriage are considered marital property and therefore owned by both spouses. In some community property states, even income earned from pre-marital separate property is still considered community property. Instead,…

Are Employee Benefits Subject To Wage Garnishment?

A client wanted to know if his employee benefits would be subject to a garnishment. Most judgment debtors do not qualify for a head of household exemption from continuing garnishment of salary and wages provided by Florida Statutes. This particular client asked about whether certain forms of compensation from his…

State Where Collection Takes Place Governs Collection Law and Procedure

A civil judgment rendered in one state is enforceable in any other state under the concept of “full faith and credit.” The U.S. Constitution provides that each state must give full faith and credit to a civil order issued in another state’s court. For example, a money judgment issued in…

Limitations Period Applicable Domesticated Foreign State Judgments

One of my clients had a judgment issued against him in 2009 in a Georgia civil case. The client retired and moved to Florida in 2016. Upon discovering my client changed residence to Florida move the creditor domesticated the Georgia judgment in Florida in 2016. Georgia law provides that Georgia…

Financial Affidavit for a Florida Car Accident

After a car accident, the injured person’s attorney will often request that the at-fault party complete a personal financial affidavit or an affidavit of no other insurance or assets. The liable party can be the at-fault driver or even the owner of the vehicle that the at-fault driver was driving with permission….