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  1. #1

    Default Judgments in Florida

    I am being sued in small claims court. If a judgement if entered against me, what can be collected? I do not own any property or vehicles, I do not have any money in the bank. The only bank accounts I have are joint with my husband which he simply uses to have his paycheck deposited into and a joint account with my mother that she uses to have her social security deposited into. There is never money kept in those accounts otherwise. Also, I am not currently working so there are no wages to be garnished. Is there anything that can be done to me if judgement is entered or is it simply a matter of the judgement staying out there & when I do get a job or acquire something, it being taken then? I would appreciate any information you can give me.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Judgements in Florida

    The creditor will presumably try to find any asset that you do have which is not exempt from their collection effort under state law. I don't know if you have any assets they can reach.

  3. #3
    Join Date
    Sep 2007

    Default Re: Judgements in Florida

    Quote Quoting Mr. Knowitall
    View Post
    The creditor will presumably try to find any asset that you do have which is not exempt from their collection effort under state law. I don't know if you have any assets they can reach.
    Wouldn't her joint account with her husband and mother be considered an asset of hers and NOT be exempt from collection??

  4. #4
    Join Date
    Apr 2007
    Il.(near StL,Mo.)

    Default Re: Judgements in Florida

    Yes, joint assets that also have her name on them that are not exempt in her state can be seized to satisfy the judgment.

    Florida Post-Judgment Asset Exemptions

    Homestead: Real property including mobile home to unlimited value. Property cannot exceed 1/2-acre in municipality or 160 contiguous acres elsewhere. Property held as tenancy by the entirety may be exempt against the debts owed by only one spouse

    Pensions and Retirement Benefits: ERISA-qualified benefits. Funds exempted for various public employees' retirement systems, along with profit-sharing benefits necessary for support. IRA exemptions for conventional, Roth, SEP and SIMPLE plans.

    Insurance: Annuity contract proceeds. Death benefits payable to a specific beneficiary not the deceased's estate. Disability or illness benefits. Cash surrender value of life insurance. Fraternal society benefits.

    Personal Property: All prescribed health aids for debtor/dependents and $1,000 in any other personal property exempt. One motor vehicle up to $1,000.

    Tools of Trade: None.

    Miscellaneous: Business partnership property. Alimony. Child support. Prescribed health aids.

    Wages: 100% exempt for head of household. However, head of household may sign waiver that allows garnishment of wages in excess of $500 per week. Wages of others exempt in accordance with the federal standard (see the introduction to these tables). Also exempt are 6 months of wages paid and deposited in a bank account.

    Public Benefits: Workers' compensation. Unemployment compensation. Veteran's benefits. Crime victim's compensation. Public assistance. Social Security. Alimony, support and separate maintenance to extent reasonably necessary to support debtor and dependents.

    Wild Card: None.

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