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Is your Florida home with homestead protected against a judgment?
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∙ 15y ago
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If you need to sell your joint-owned house in Florida but you have a judgment against you not a lien will you have to pay the judgment first?
If the judgment was not perfected as a lien against the property (which is almost impossible in Florida), the property is not encumbered and the title should be clear, thereby not causing a problem with the sale. The judgment holder will probably be able to execute the judgment as a bank account levy and/or seize funds garnered from the sale of the homestead.
What assets are protected against a judgment in a wrongful death civil suit?
Each state has different laws on what assets can be protected from judgment creditors.
What happens if there is a default final judgment against you in Florida?
Jail
What can a Landlord lien of a Tenant's to recover Property Damages in Florida?
To receover property damage in Florida the landlord must file a suit against the tenant. If the landlord wins he can collect using usual means of collecting on a judgment. If the tenant has property then a lien can be placed on it to satisfy a judgment. But if the lien is on a primary home then he cannot be forced to sell the home per homestead laws.
In the state of Florida can a bank place a lien on your home for the balance due on a repossessed car?
In theory yes, however Florida statutes pertaining to liens against homesteads are difficult to enforce due to the fact that Florida has unlimited homestead exemption. The exception would be a Mechanic's lien.
Can a credit card company put a lien against your property in Florida?
Take a look at your credit card agreement. There may be a clause that allows them to do that. And they can always get a judgment against you to allow them to place a lien.Judgment Liens For Creditor DebtCredit cards are unsecured debts, this means no specified collateral has been used to secure the debt. For a creditor to place a lien against a debtor's property due process needs to be followed.Due process means the creditor's attorney would need to sue the debtor in the state court in the county where the debtor resides. If the plaintiff/creditor wins the case a judgment is entered against the debtor and the judgment can be executed as a lien against real property.Even in cases where arbitration is allowed in lieu of a lawsuit, the plaintiff/creditor must still follow the judicial process of filing for and executing a judgment in accordance with the laws of the debtor's state._________________________________________________________________Above info not correct in Florida!!!!!!!!If this is your homestead home it is illegal to place judgment against homestead residence & noncollectablesee Fl Statutehttp://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0222/Sec01.HTMGlen
Can they garnish the wife's wages for a repossession in Florida if the husband is out of work?
YES, if they get a judgment against you, garnishment is next.
What is a judgment?
It is a court order against the debtor to pay the creditor what is due. The judgment can be satisfied in several ways, wage garnishment is the usual one. Levy against bank accounts. Liens against property. The liquidation of non-exempt assets. And sometimes (rarely a homestead) the forced sale of property on which a lien has been placed.
Can a deficiency judgment on a property in one state force a sale on a primary residence in another state.?
It depends on the state where the primary residence is located. For instance, in the State of Florida, the answer would be "no". The Florida Constitution provides a homestead protection against the efforts of creditors to levy on one's primary residence. However, a judgment creditor could record a certified copy of the judgment in the county where the Florida primary residence was located and thereby effectuate a lien on the property. This would keep the judgment debtor from being able to refinance the home or make other efforts to pull equity out of the home. In order to determine the answer to this question for the state in which you are located, you should seek legal counsel licensed to practice in your state.
Can wages be garnished for non payment of credit card bills in Florida?
If your creditor has obtained a judgment against you, yes.
What can a creditor do with a final judgment in Florida?
The judgment can be executed as a bank account levy or wage garnisment or liens against real property solely owned by the judgment debtor or to seize and liquidate any unexempt property that is owned by the judgment debtor.
If a credit card company won a judgment against you what can they do if you can't pay them?
A judgment can be executed against non-exempt property belonging to the debtor. Most creditors prefer wage garnishment or bank account levy. All states allow a debtor specific types and amounts of real and personal property that can be protected from creditor attachment. The most important one for homeowners is the homestead exemption. It would be in the best interest of a homeowner to be certain the primary residence is either protected automatically by state law or a declaration of homestead has been properly filed with the county recorder's office. The exemptions allowed for bankruptcy are the same as those that are allowed for lawsuit judgments, with additional federal non-bankruptcy exemptions available for use by debtor if the circumstances warrant.
