Judgment Against Property With Bad Credit In Broward
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The assets protected under a lawsuit in Florida are: Primary residence (homestead) for property in Florida. Retirement accounts. Life insurance policies and annuities. Tenancy by the entireties (for married couples) Wages and head of household exemptions.
The sheriff's department can seize: Personal property: movable things (e.g., cars, horses, boats, furniture, jewelry) owned by the debtor. Real property: land and buildings owned by the debtor.
Article X, Section 4 of Florida's constitution protects Florida homestead property from creditor judgments. The homestead exemption is the most protected asset from creditors in the entire country. The homestead exemption protects a person's primary residence from forced sale by judgment creditors.
No one can put a lien on your house unless they have gone through the process of filing a lawsuit for the amount owed, obtained a judgment from the court, and properly lodged that judgment with the proper jurisdiction. At that point, they could put a judgment lien on.
In Florida, a typical creditor cannot take your car without first obtaining a court judgment against you. This means that if you default on an unsecured debt—such as credit cards or medical bills—the creditor must file a lawsuit, win the case, and obtain a judgment before attempting to collect.
If a creditor files a lawsuit against you and wins a judgment, they can seize quite a few assets. They can garnish your wages, levy your bank account, and even go after your personal property. This includes everything from cars and furniture to clothing and household goods.
What types of property can and cannot be levied by the sheriff? The sheriff's department can seize: Personal property: movable things (e.g., cars, horses, boats, furniture, jewelry) owned by the debtor. The sheriff's department cannot seize: An individual's home or homestead.
Florida Homestead Protection Article X, Section 4, Constitution of the State of Florida (1968) exempts a homestead from forced sale and provides that no judgment or execution shall be a lien thereon.
