Fraudulent Transfer Statute of Limitations in Collection of Criminal Restitution

Jon Alper Creditor Rights

Florida law, and the law of most states, imposes a four year statute of limitations on a creditor’s allegations of fraudulent transfers under the fraudulent conveyance statute. The four year limitation does not apply when the creditor is the U.S. federal government or a government agency collecting court-ordered restitution. A recent Colorado federal court case involved the collection of criminal …

Dissolution of a Writ of Garnishment in Florida

Gideon Alper Creditor Rights

One of our clients wanted to know how exactly a dissolution of a writ of garnishment in Florida would work. We already filed a motion to dissolve the writ of garnishment. The creditor’s attorney accepted the facts alleged in our motion and planned to file a Voluntary Dismissal of Writ of Garnishment. The filing of the dismissal was sent to …

Response to Writ of Garnishment

Gideon Alper Creditor Rights

I had a client last week ask about the best responses to a writ of garnishment in Florida against a bank account. I explained that the first step is first to see whether or not the client had any statutory exemptions. We looked at the source of his bank account funds and made a conclusion as to whether or not …

Non-Consumer Related Civil Judgments Will Not Affect Credit Rating

Jon Alper Creditor Rights

Client frequently are concerned about the effect on their credit rating of a civil judgment for damages when the judgment comes from a business dispute or a business debt. . Civil judgments appear on credit reports. Clients have asked what effect the judgment will have on their credit worthiness. I have always explained the clients that credit scoring is not …

Federal Government Garnishment and Debt Collection

Jon Alper Creditor Rights

One of my clients was sued by the Federal Trade Commission for a violation of their rules. The FTC obtained a large monetary judgment.  There is a federal statute permitting the U.S. government to garnish wages and bank accounts. The federal garnishment statute provides less debtor protections than Florida’s garnishment laws.  For instance, the government may garnish 15% of wages …

Creditor May Levy Upon Debtor’s Lawsuit Against A Third Pary

Jon Alper Creditor Rights

My client is suing his former business partner for over $ 1 million. The lawsuit is scheduled for trial in about six months. The same client has a judgment already entered against him in favor of a bank that lent him money for a real estate investment. My client hopes to recover money from his partner and use those funds …

Judgment Creditor Can Take Over Debtor’s Lawsuits and Claims

Jon Alper Creditor Rights

A civil judgment is entered against you. At the same time, you are a plaintiff in an unrelated lawsuit where you are pursuing damages against an unrelated third party. Can your judgment creditor take over your lawsuit and apply a recovery to satisfy the judgment? Yes. By first opening a proceedings supplementary under Section 56.29 of the Florida Statutes your …

Does The Fraudulent Loan Statute Pertain To Money Lending?

Jon Alper Creditor Rights

Suppose a judgment debtor pays a significant amount of cash to a relative or business insider and says that the money transfer is to repay a loan. The relative or insider did previously give money to the debtor, but suppose the debtor never paid back any of the loan, never paid interest, and the debtor cannot produce a promissory note. …

Federal Agency Freezes Defendant’s Assets Before Adjudication

Jon Alper Creditor Rights

A new client contacted me because his bank accounts were attached and frozen by a U.S. federal agency that had recently filed a lawsuit against him seeking civil damages for his violation of certain federal regulatory laws. He wanted to know how the government could effectively freeze his assets without him first having the chance to defend himself against their …