Judgment Collection

Lender’s Demand For Spouse’s Signature On Promissory Note or on Loan Guarantee May Violate Federal Law According To Florida Court

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…

Asset Freezes — When Court Can Freeze Defendant’s Assets During Litigation And Prior To Final Judgment

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…