Judgment Against Property With Notice To Garnishee In Palm Beach
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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.
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.
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.
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.
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.
Federal law limits wage garnishments to 25% of your disposable income (15% for federal student loans) or the amount exceeding 30 times the federal minimum wage, whichever is less.
A writ of garnishment is a process by which the court orders the seizure or attachment of the property of a defendant or judgment debtor in the possession or control of a third party. The garnishee is the person or corporation in possession of the property of the defendant or judgment debtor.
A writ of garnishment is a process by which the court orders the seizure or attachment of the property of a defendant or judgment debtor in the possession or control of a third party. The garnishee is the person or corporation in possession of the property of the defendant or judgment debtor.
A writ of garnishment usually requires the third party to submit the assets to the court to satisfy the court's judgment against the defendant. Under Rule 64 of the Federal Rules of Civil Procedure, garnishment is one of the preliminary remedies available for the plaintiff.
You do this by filing a Claim of Exemption with the court clerk and mailing a copy to the judgment creditor, the sheriff or constable who served the collection paperwork, and any third party involved (like your employer or bank, for example).
