Florida Appeals Court Strikes Creditors’ Contempt Remedy

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 court if the debtor does not comply? The answer is “no” according to a recent Florida appeals court decision. Continue reading

Can Judgment Creditor Reach Debtor’s Personal Injury Claim?

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

Proceedings Supplementary Give Creditors Many Collection Options and Tools

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