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 …

Creditor Can Cause Sheriff To Take Forcibly All Debtor’s Personal Possessions

Jon Alper Creditor Rights

Clients sometimes ask me whether a judgment creditor can take personal property in their home such as furniture and jewelry. The answer is that a creditor can obtain what is known as a “break order” to authorize the sheriff to remove your personal property. The Florida homestead exemption does not extend to protect tangible personal items inside the homestead. Some …

Revised Proceedings Supplementary Statute Procedures

Jon Alper Creditor Rights

Proceeding Supplementary under Section 56.29 of the Florida Statutes provide judgment creditors important collection tools. Most fraudulent transfer cases and other aggressive collection remedies are prosecuted under the scope of proceedings supplementary. The Florida Legislature has passed a significant revision to the statute. The governor approved the new statute. Under the existing law a creditor may file a motion requiring a …

Collection of Palimony Judgments From Other States

Jon Alper Creditor Rights

Ex-spouses have extraordinary judicial remedies to collect past-due alimony. Courts can use equitable remedies, including civil contempt and administration of otherwise exempt assets, to collect alimony. Alimony debts may not be discharged in bankruptcy. A person hired me to help protect against a possible claim by an ex-girlfriend in New Jersey judgment based upon theory of “palimony.” Can palimony judgments …

Can Bankruptcy Trustee Waive Debtor’s Attorney Client Privilege To Discover Asset Protection Plan?

Jon Alper Creditor Rights

Some asset protection clients eventually file bankruptcy. A bankruptcy trustee’s job is to find and possible reverse the debtor’s prior asset transfers done in the course of asset protection planning. Some trustees have sought discovery of the debtor’s communication with the debtor’s attorneys who had advised and assisted the debtor with asset protection planning in order to discover asset conveyances …