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Get a Will and Other Essentials
In Florida, a default judgment can be entered when a defendant is served with a lawsuit but does not respond in time. A plaintiff can ask the judge to enter the default judgment in their favor without a hearing and without any further notice to you other than the initial service. Default judgments in Florida…
For some businesses, the most valuable asset they have is their website and domain name. Even in cases where the website and domain names would not have any market value to anyone else, a judgment creditor may still seek to levy on this unique personal property in order to pressure the debtor to pay all…
What Is an Offshore Bank Account? An offshore bank account is a depository account maintained at a bank outside the United States. Offshore bank accounts are viewed by many as an exotic tool for privacy and tax avoidance—and only for the very wealthy. But actually, an offshore bank account can be a useful tool for…
Can Creditors Take Your Bitcoin and Crypto? It is a common misconception that Bitcoin and other cryptocurrencies cannot be garnished. Bitcoin accounts held at U.S. institutions like Coinbase actually can be garnished by a judgment creditor. Many people believe cryptocurrency, such as bitcoin, might be the holy grail of asset protection. They think that cryptocurrency…
Several people in the last week have asked whether a judgment creditor can garnish their stimulus check. The latest COVID relief bill provides some people with up to $1,400 per person, plus an additional amount for having dependents. Once deposited into your bank account, this money is not safe from garnishment. Prior COVID relief bills…
Federal agencies such as the Federal Trade Commission and Securities and Exchange Commission often pursue individuals for violations of consumer and investor protection laws. The FTC frequently enforces laws regulating telephone or email marketing, and the SEC enforces rules concerning money solicitation for investment. Federal agency statutes give the enforcement divisions enhanced collection tools not…
Judgment debtors often discover that a creditor’s judgment includes substantial amounts of money accrued or incurred after the court issued the judgment. These post-judgment charges can include attorneys fees awarded to the creditor’s attorney. Florida law authorizes a court to award attorneys fees where either a Florida statute provides for attorneys fees in certain legal…
One of our clients is concerned about his personal liability as the beneficiary of a land trust. The client owns several rental properties in various Florida counties. The client wanted to protect confidentiality of his property ownership, and for that reason he took purchased each property in the name of a separate Florida land trust….
Irrevocable trusts provide excellent asset protection for trust beneficiaries. Protection is codified in Florida statutes. Florida statute protect a beneficiary’s interests in irrevocable trusts that are either spendthrift trusts or discretionary trust. Florida statutes states that a a creditor cannot reach or force assignment of a debtor’s beneficial interest in a spendthrift trust. A spendthrift…
Florida Statute 222.11 prohibits a creditor from garnishing the earnings of a debtor who qualifies as head of household. Florida residents working in another state are unable to enforce this garnishment exemptions in foreign state courts because the law does not permit debtors to export Florida’s exemptions. But, is the reverse also true? Can the…
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