Judgment Collection

Fraudulent Transfer Statute of Limitations in Collection of Criminal Restitution

Florida law, and the law of most states, imposes a four year statute of limitations on a creditor’s allegations of fraudulent transfers under the fraudulent conveyance statute. The four year limitation does not apply when the creditor is the U.S. federal government or a government agency collecting court-ordered restitution. A…

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Statute of Limitations For Credit Card and Mortgage Debts

I have been asked many times over the years about the statute of limitations applicable to mortgages and credit card debt. The statute of limitations is a legal term that determines how loan may a bank due a debtor for missing a mortgage payment of defaulting on payments under a…

Creditor Can Cause Sheriff To Take Forcibly All Debtor’s Personal Possessions

Clients sometimes ask me whether a judgment creditor can take personal property in their home such as furniture and jewelry. The answer is that a creditor can obtain what is known as a “break order” to authorize the sheriff to remove your personal property. The Florida homestead exemption does not…

Garnishment of Debtor’s Interest In An Irrevocable Charitable Trust

Many years ago one of my clients transferred a substantial amount of money to  an irrevocable charitable lead trust. Under the terms of the trust agreement the client receives a stream of income each year, and upon the client’s death all money in the charitable trust goes to a charity….

Can Bankruptcy Trustee Waive Debtor’s Attorney Client Privilege To Discover Asset Protection Plan?

Some asset protection clients eventually file bankruptcy. A bankruptcy trustee’s job is to find and possible reverse the debtor’s prior asset transfers done in the course of asset protection planning. Some trustees have sought discovery of the debtor’s communication with the debtor’s attorneys who had advised and assisted the debtor…

Is Debtor’s Copyright Exposed to Execution of Civil Judgement?

A client has a new tech company with what he describes as a valuable copyright. His ex-partner sued him in Virginia federal court and obtained a large judgment which the ex-partner domesticated in Florida. The creditor registered a judgment lien with the Secretary of State. The client is concerned that…