Enforcing a Florida Judgment in Canada

Jon Alper Creditor Rights

One of my clients had a judgment entered against him from a business transaction in Florida during a time when he was living in Florida. After the business relationship ended, and after the lawsuit and judgment, my client moved to Canada where he established a new residence. He asked whether the Florida judgment could be enforced in Canada and whether …

SEC Disgorgement Order Enforceable Against Exempt Assets

Jon Alper Creditor Rights, Florida Exemptions

The U.S. Securities and Exchange Commission may impose equitable remedies to recover money earned through illegal insider trading and other violations of federal seccurities laws. The SEC’s equitable remedies include “disgorgement” of all money obtained illegally. A federal court may order the defendant to pay back illegally obtained funds or to post a bond secured by the defendant’s assets. Florida’s …

Limitations Period Applicable Domesticated Foreign State Judgments

Jon Alper Creditor Rights

One of my clients had a judgment issued against him in 2009 in a Georgia civil case. The client retired and moved to Florida in 2016. Upon discovering my client changed residence to Florida move the creditor domesticated the Georgia judgment in Florida in 2016. Georgia law provides that Georgia judgments expire in no longer than 10 years (or, 2019 …

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 …