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    • Section 541 of the Bankruptcy Code states ..

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      Section 541 of the Bankruptcy Code states that the Debtor’s Estate includes all legal and equitable interests of the Debtor as of the commencement of the case. Commencement of the case means the filing of the Bankruptcy. Most Courts hold that property held in Tenancy by the Entireties is either a legal or equitable interest…

    • If the husband and wife are jointly indebted..

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      Under Florida Law, although property owned by husband and wife in Tenancy by the Entireties, is exempt from attachment or garnishment by one of the spouse’s creditors, if the husband and wife are jointly indebted to a Creditor, that Creditor may attach or garnish such property.

    • The Florida Supreme Court has held..

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      The Florida Supreme Court has held that any property jointly owned by husband and wife is presumed to be held in Tenancy by the Entireties.

    • In Florida, property held jointly..

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      In Florida, property held jointly by a Husband and Wife, is recognized as being held in Tenancy by the Entireties, provided several “unities” are satisfied. In order for property owned by a husband and wife to be recognized as being held in Tenancy by the Entireties, there must be:   Joint ownership and control; Identical…

    • A Creditor cannot Garnish the Earnings of..

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      In the State of Florida, a Creditor cannot Garnish the Earnings of a Head Of Family, who is a natural person who provides more than one-half of the support of a child or other dependent, unless such Head of Family (otherwise known as the head of household), agrees in writing to such Garnishment. Section 222.11…

    • Florida Law prohibits the Garnishment of the bank account of..

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      Florida Law prohibits the Garnishment of the bank account of a Head Of Family, for up to six months after such Earnings are received by the Head Of Family. If the Creditor does not follow certain procedural requirements, the Garnishee can seek to have the Garnishment dissolved on procedural grounds (in addition to the grounds…

    • To stop the Garnishment of your Earnings or Wages..

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      If you file a Claim of Exemption, as the Head of Family in the State of Florida, to stop the Garnishment of your Earnings or Wages, the Creditor must file a Response or Objection to the Claim of Exemption within eight days if the notice of Claim of Exemption is hand delivered. If such notice…

    • Earnings of the Head Of Family..

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      In the State of Florida, the Earnings of the Head Of Family may not lawfully be Garnished by a Creditor, unless such person consents in writing to such Garnishment. Even if a Debtor is not a Head Of Family, Federal Law has some restrictions on the amount that a Creditor may Garnish. Under Federal Law,…

    • Earnings of the Head Of Family are protected..

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      In the State of Florida, the Earnings of the Head Of Family are protected or Exempt from Garnishment by Creditors. The only exception to this Law is when the Head Of Family earns over $750 per week in Disposable Earnings and he or she agrees in writing to such Garnishment. Although the Earnings or Wages…

    • If a Creditor Garnishes your Earnings..

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      If a Creditor Garnishes your Earnings or Wages in the State of Florida and you are the Head Of Household or Head Of Family, meaning you provide through your Earnings, more than 50% of the support of a child or other dependent, then Florida Law prohibits such Garnishment, unless you agree in writing to such…

    • Section 222.11 of the Florida Statutes provides that ..

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      Section 222.11 of the Florida Statutes provides that the Earnings of the Head of Family are Exempt or protected from Garnishment from a Creditor, unless the Head of Family has Disposable Earnings exceeding $750 per week and such person consents in Writing to such Garnishment. If a Debtor is not the Head of Family, his…

    • The Earnings of a Head Of Family or Head of Household..

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      The Earnings of a Head Of Family or Head of Household, in the State of Florida are Exempt or protected from Garnishment by Creditors. The only exception to this Law, which is defined in Section 222.11 of the Florida Statutes, is when the Head Of Family has more than $750 per week in Disposable Earnings…