Florida Asset Protection Law Blog

How to Protect Websites and Domain Names from Judgment Creditors

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…

Offshore Bank Account

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 Bitcoin Be Garnished?

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…

Can a Judgment Creditor Garnish Your Stimulus Check?

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…

How to Protect Assets Against Federal Agencies Like the FTC and SEC

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…

|

Creditor Attorney Fees in Fraudulent Transfer Action

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…

Can a Land Trust Beneficiary Be Sued in Florida?

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….

Does an IRS Tax Lien Attach to Irrevocable 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…

Do You Have to Live in Florida to Claim Head of Household Wage Garnishment Exemption?

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…