New York “Separate Entity” Rule And Writs Of Bank Garnishment

Jon Alper Creditor Rights

One of my client’s recently escaped garnishment of his bank account by New York creditor because of a common law principal in New York known as the “separate entity rule.” The client lived in Virginia and banked at the Virginia branch of a regional banking institution. The bank also had branches in New York City. The creditor obtained a writ …

Is Debtor’s Copyright Exposed to Execution of Civil Judgement?

Jon Alper Creditor Rights

A client has a new tech company with what he describes as a valuable copyright. His ex-partner sued him in Virginia federal court and obtained a large judgment which the ex-partner domesticated in Florida. The creditor registered a judgment lien with the Secretary of State. The client is concerned that the lien attaches to the copyright and that the creditor …

Florida Court Lacks Jurisdiction To Seize Foreign Checking Account In Forfeiture Action

Jon Alper Creditor Rights

I have known clients who have opened bank accounts in other states where garnishments are more difficult. These clients have asked me whether a Florida court could issue an order garnishing the account or imposing another order concerning money in out-of-state (foreign) financial accounts. An appellate decision issued last year suggest that Florida courts lack authority to affect foreign state …

Can You Avoid Lawsuit By Hiding From Process Server?

Jon Alper Creditor Rights

Many people believe they can indefinitely delay a lawsuit against them by avoiding the process server who is trying to serve the complaint. They plan to live somewhere other than their primary residence, often in locations outside of Florida. Can you avoid a lawsuit by making it impossible for a process server to find you and deliver the complaint.

Collection of Domestic Support From Irrevocable Trust

Jon Alper Creditor Rights

Asset protection against domestic support judgments is very difficult. As an example, one of my clients has been paying substantial alimony to an ex-wife. His surviving parent, who lives in South Carolina, told him that his S.C. estate planning attorney set up a living trust that would protect the client’s future inheritance from his ex-wife by placing the inherited assets …

Garnishment of Credit Card Payment Processor

Jon Alper Creditor Rights

Experienced collection attorneys may collect a judgment against a small business by garnishing the debtor business’s credit card receipts. This is typically done by serving a writ of garnishment upon the company’s merchant account where credit card receipts are collected. Assume that a creditor is unable to serve a writ of garnishment on the debtor’s merchant bank, is there another …

Florida Exemptions Do Not Protect You In Other States’ Courts

Jon Alper Creditor Rights

A former client had a judgment entered against him in a New York. The debtor/client lived and worked in Florida. He supported his wife. His employer had offices in Florida and New York, and it paid the client from the Florida office where the client was employed. The creditor caused the New York court to issue a writ of wage …

Florida Appeals Court Strikes Creditors’ Contempt Remedy

Jon Alper Creditor Rights

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 …

How Long Does Judgment Attach To Real Property?

Jon Alper Creditor Rights

A client suffered a judgment twelve years ago, and the creditor recorded the judgment in the county where the debtor resides. The debtor has moved to a new home in 2013, and he rented the old home. He may move back in to the old home after the term of the lease. He asks whether the judgment would still be …