Debtors who are head of Florida households sometimes have writs of garnishments served on their employers, and Florida debtors that maintain exempt tenants by entireties financial accounts sometimes suffer writs of garnishment against their exempt accounts. These debtors have to explain their exemption to the judgment creditor, or they have to hire an attorney to file a motion to dissolve the writ based on the applicable exemption. Such debtors often ask me whether their judgment creditor prior to serving a garnishment is required to investigate whether the wages or accounts are exempt from garnishment and whether the creditor can serve a garnishment against an asset that could be exempt from garnishment .

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Creditor Does Not Have To Investigate In Advance Debtor’s Exemptions From Writs Of Garnishment

I often receive phone calls from out of state resigned that they cannot achieve any of Florida’s asset protection benefits because they do not reside in Florida- not exactly. While it is true that Florida’s statutory creditor protections are specifically limited to Florida residents and Florida homestead presume permanent Florida residence in the house, Florida law does include asset protection available to non-residents, and even to people who have never set foot in Florida. I’m referring to tenants by entireties protection available to a single debtor of a married couple.

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Florida Tenants By Entireties Protection Available To Debtors Living Outside Florida (Anywhere In The World)

By P. T. Freeman (P.T

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Why I Gave Up My U.S. Citizenship [Part I]

Creditors cannot garnish wages of Florida resident who is head of household. Wages earned by the spouse who is not head of household is subject to garnishment

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Can Creditor Garnish Unemployment Benefits Paid To Debtor Who Is Not Head of Household?

A judgment creditor cannot garnish wages of a Florida domiciled debtor who is head of household. Assume, that a creditor sues the Florida resident in Georgia and gets a money judgment against a Florida resident based on a transaction in Georgia. .

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Watch Out: Florida Exemptions Will Not Protect Against Creditor Collections In Other States

One of my asset protection clients recently moved to Florida from Arizona with his family.

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Can Debtor Use Tenants By Entireties Ownership To Protect Furniture In Arizona Residence?

A client established several years ago a bank account to save for his children’s education.

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How To Protect Gift Of Money To Child: Totten Trust Or Uniform Gift To Minors Account

Asset protection planning deals mostly with civil money judgments. When it comes to family law, there are fewer asset protection options available to avoid awards of alimony and support of a former spouse. For example, judges in divorce cases can order an allocation of retirement accounts which are exempt from regular judgment creditors

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Does Homestead Exemption Protect Against Actions To Enforce Alimony Or Child Support Awards?

Worst case for wealth transfer: a $1 million exemption, plus a crackdown on planning techniques.

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Estate Tax Could Come Back With Sharp Bite