Assuming a Florida debtor owns personal personal property (example, cash, stocks, LLC interests) in a jurisdiction outside of Florida, can a Florida judge compel a judgment debtor to bring the assets in to Florida to pay a Florida judgment creditor, and can the judge hold the debtor in contempt of…
A client suffered a judgment twelve years ago, and the creditor recorded the judgment in the county where the debtor resides. The debtor has moved to a new home this year to live with his fiancee , and he rented the old home to a tenant with a one year…
Creative creditors and their attorneys are looking for ways to get around debtor’s unlimited Florida homestead protection. There are exceptions to unlimited homestead protection.
Institutional lenders understand well Florida’s tenants by entireties protection, and they understand that they may not be able to enforce promissory notes against a married borrower unless the note is signed by both the borrower and his spouse. For this reason, most lenders will insist on joint signatures to loans…
You judgment creditor can target automobiles you own free and clear of any lean. Clients often ask me how a creditor goes about taking their cars. A particular concern is about creditors entering the homestead grounds to take a car parked in the debtor’s driveway or the debtor’s garage.
Many small business loans from banks are secured by the business’s tangible personal property including office furniture, equipment, and inventory. The lender typically records a UCC 1 to give public notice of its lien and security interest in the debtor’s property.
garnishment execution judgment
Most people bank at local branches of traditional banks, such as Sun Trust, Bank of America, etc. A judgment creditor can garnish funds in any of the debtor’s bank accounts by serving a writ of garnishment on the bank. One of my clients banks only at so-called “internet banks,” such…
Your judgment creditor cannot levy upon a car which you lease because you do not have title to the car. True, most of the time.
Debtors fear court imposed asset freezes prior to judgment. If a creditor can convince a court to freeze a debtor’s assets after the creditor files a lawsuit but before the cases is decided and judgment is entered the debtor cannot engage in further asset protection planning. For instance, a court…
