Can a judgment creditor claim an exemption in Florida?
Can a judgment creditor claim an exemption in Florida?
You can not claim this exemption if you owe child or spousal support. Unless the judgment creditor has a lien or security interest in this property, this constitutional exemption and the Florida Statute allows you to protect up to $5,000 per person worth of your property from execution or attachment.
How to claim an exemption from garnishment in Florida?
You may claim your exemptions from garnishment by filing an affidavit with the court describing the exemption and your claim to it. Your affidavit also must be sent to the judgment creditor and any attorney for the judgment creditor. The judgment creditor must challenge your exemption within eight to 14 days, depending on the method of service.
When does a judgment creditor file an objection?
Bottom line: The judgment creditor will probably file an objection to your Claim of Exemption if she believes you are not entitled to the exemptions you claimed. It could be that you failed to provide proof of the exemption you are claiming, and the judgment creditor wants to see documentation establishing the exemption.
Can a judgment creditor collect on a non exempt asset?
If the judgment creditor knows of other non-exempt assets you have, she can try to collect them. If you receive other collection paperwork or learn that your assets have been garnished or attached, you must file another Claim of Exemption. Also, your claim to an exemption does not apply for all time.
You can not claim this exemption if you owe child or spousal support. Unless the judgment creditor has a lien or security interest in this property, this constitutional exemption and the Florida Statute allows you to protect up to $5,000 per person worth of your property from execution or attachment.
You may claim your exemptions from garnishment by filing an affidavit with the court describing the exemption and your claim to it. Your affidavit also must be sent to the judgment creditor and any attorney for the judgment creditor. The judgment creditor must challenge your exemption within eight to 14 days, depending on the method of service.
How does a judge rule on a claim of exemption?
The Judge’s Ruling on the Claim of Exemption. The judge will listen to both you and the judgment creditor, if the judgment creditor shows up. Sometimes the judgment creditor relies on the papers already filed with the court. The judge may make a ruling or may set up an arrangement for you to pay the judgment in installments.
Can a judgment debtor take Your House in Florida?
Discovery in aid of execution in Florida refers to the legal process by which a judgment debtor is able to find (discover) debtor assets which may be subject to collection of a money judgment. Can creditors Take Your House in Florida? No.