0
If one spouse has a judgment against them in Florida can the creditor pursue or force the sale of a Connecticut property that is held by joint tenancy?
Wiki User
∙ 13y ago
Generally yes, against the husband's interest only. However, they would need to find the property first and obtain a judgment in Connecticut.
Wiki User
∙ 13y ago
Add your answer:
Earn +20 pts
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.
How do you file a recognition of exemption against a creditor who has taken property that is exempt of a judgment in the state of Florida?
Is there a form for this? Should I write a letter to the judge?
What could a judgment creditor do if you do not have property or assets in Florida?
Florida does allow wage garnishment and bank account levy assuming the funds are not those protected under federal or state law. Generally the creditor will hold the judgment until the debtor does acquire property or assets that can be seized. Judgments accrue interest as long as they are open this means the debt will increase as time passes.
Can creditors garnish wages in Florida?
Yes, Florida allows wage garnishment by a judgment creditor.
If you live in Florida but your will is in Connecticut will the taxes be in Connecticut or Florida?
Florida should have the right to tax the estate, except that Connecticut can tax real property located in Connecticut. U.S. constitutional provisions prevent Connecticut from taxing assets of a Florida resident (except for Connecticut real property). If the (future) decedent lives in Florida, the estate will be probated (and taxed) in Florida. The primary location of probate is based on the residence of the decedent, not the location of the property or the physical location of the most recent Will.If the Will was filed with probate in Connecticut by the decedent's attorney, but the decedent subsequently moved to Florida, the Will may be obtained by contacting the appropriate Connecticut Probate Court. Note that in Connecticut, Probate Courts are not based on County, but by Town. (As of 2009 consolidation of the Courts is currently being debated.)As mentioned above, a partial estate would need to be opened in Connecticut to settle the title of any real property in Connecticut.
Can wages be garnished for non payment of credit card bills in Florida?
If your creditor has obtained a judgment against you, yes.
When do civil judgments expire?
Judgments are expunged from credit reports after seven years. However, the judgment itself is generally valid until it is paid in full or satisfied in accordance with the judgment holder's agreement. Judgments both domestic and foreign (meaning outside the state of residency not the U.S.) are valid from 5 to 20 years and the majority are renewable. This allows the judgment to be interminable and to be executed at any given time without notification to the person to whom the judgment is against. A judgment that has been perfected as a lien against real property may permanent until paid and may not have to renewed, however in other states it may have a definite term and may only be renewed a limited number of times. As an example, in the State of Florida a judgment lien on real property is good for 10 years and may be renewed for another 10 years. If the underlying judgment is about to expire, the judgment creditor in Florida can sue again to get a new judgment, but that judgment's real property lien(s) does not result in "tacking" to the real property lien(s) under the original judgment, and the loss of lien priority may mean that the judgment creditor doesn't get any proceeds from the property. In addition, the new judgment cannot be used to create a Florida lien on personal property (which are limited to 5 years and 5 years and cannot be renewed any further under any circumstances). State judgment and lien laws are subject to many, many quirks and even experienced attorneys and courts themselves are often confused by them.
What is Form 7.343 used for?
Florida Small Claims Form 7.343 is Fact Information Sheet. It has two versions: (a) For Individuals, (b) For Corporate Entities. In a judgment in small claims court, the judgment creditor is the person to whom money is owed. The judgment debtor is the person who owes the money.At the request of the judgment creditor (or the creditor's attorney), the judge will order the debtor to complete Form 7.343 within a specified time.
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
Exactly what types of professional persons are allowed to place liens on property in Florida?
Any person who is owed a valid debt by a property owner can file suit and if awarded a judgment can enforce that judgment as a lien against real property owned by the debtor. If the debt owed qualifies under the laws relating to Mechanic's Liens, then the person or business that is owed the monies does not need to follow due process through the court but can file such a lien with the county recorder's office in the county where the encumbered property is located. However, as a general rule, Florida has unlimited homestead exemption, which does not negate the rights of a creditor to place a lien against the property but it does prevent the forced sale of said property in order for the judgment holder to collect the debt.
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.
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.
