Most judgment debtors do not qualify for a head of household exemption from continuing garnishment of salary and wages provided by Florida Statutes.. On such debtor asked me about whether certain forms of compensation from his employer were outside the scope of a continuing garnishment writ. Continue reading
A caller said he was trying to collect a judgment who owned a parcel of non-homestead property in Volusia County, Florida. He said he had recorded his judgment “with the state” and wanted to know if he had established a lien on the debtor’s property in Volusia County. Continue reading
A client was a victim in a car accident and has consulted a personal injury attorney about filing a lawsuit against the other driver. The client also has been sued for a deficiency following a foreclosure on a commercial property. The client asked me whether the lender can levy upon his personal injury claim and deprive him of his right to sue for his injuries. Continue reading
Debtors worry about how their creditors are able to discover where they maintain financial accounts. How can your creditors discover your accounts given today’s strict privacy laws? Continue reading
A key to collection procedure is a relatively unknown Florida statute called the Proceedings Supplementary statute. This statute give judgment creditors broadly defined equitable tools to collect unpaid civil judgments. The statute is the procedural basis of creditor actions for fraudulent transfers, injunctions and piercing the corporate veil. Continue reading
One of my clients has a securities account at a national stock brokerage company with about $300,000 of liquid, marketable securities. The client borrowed about $230,000 from the brokerage company “on margin” so that the loan is secured by the stocks in the account. The client has a judgment against him for over $1,000,000.
A creditor gets a charging lien against distributions from a limited partnership to the debtor limited partner. The partnership makes little or no distributions during the debtor’s lifetime. The debtor dies leaving his partnership interest to his children. What happens to the charging lien?
A debtor whose wages have been garnished may file a response with the court claiming that he is exempt from wage garnishment because he is head of household. The creditor may then file a response to the claimed exemption with an affidavit stating the grounds upon which the debtor’s exemption is contested. Continue reading