Judgment Against Property For Rem In Miami-Dade
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Florida is considered one of the best states for asset protection because of its generous creditor exemption laws. Florida law protects an unlimited amount of homestead equity, tenants by entireties property, head of household wages, retirement accounts, annuities, life insurance, and disability insurance.
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.
Under the Florida Contraband Forfeiture Act, the State can seize “any personal property” – including any type of vehicle, boat, machine, etc. – if they can demonstrate a “nexus” between the item seized and illegal activity.
The following kinds of personal property are exempt from debt collection and cannot be seized: Household goods, like furniture, clothing, and appliances. Medical equipment, such as a wheelchair. One television, one radio, one computer and one cell phone.
In Florida, a judgment lien can be attached to the debtor's real estate -- meaning a house, condo, land, or similar kind of property interest. Florida also allows judgment liens to be attached to the debtor's personal property -- things like jewelry, art, antiques, and other valuables.
Once a judgment is entered, creditors have multiple options for collection: Your wages or funds in a bank account may be frozen. You may be required to reveal all assets through a deposition or document request. Creditors can place liens on non-exempt property.
