Florida Statute, Section 122.15..

Florida Statute, Section 122.15 provides that any benefits paid to State and County Officers and Employees under the Florida Retirement System, are Exempt, or protected from garnishment, attachment or levy, by Creditors.

Under Florida Statute, Section 121.131..

Under Florida Statute, Section 121.131, benefits under the Florida Retirement System are Exempt or protected for attachment, seizure, or garnishment by Creditors, in the State of Florida.

Iras and Roth Iras

As of the time of the writing of this Blog, IRAs and Roth IRAs are Exempt or protected from garnishment, seizure, or attachment by Creditors in the State of Florida, under Federal Statute, Section 522(b)(3)(C)(n), up to $1,171,650.

Federal Statute, 11 Usc Section 522..

Federal Statute, 11 USC Section 522 and Florida State Statute, Section 222.21 provide that all ERISA qualified retirement plans and pensions, are Exempt or protected from attachment, seizure or garnishment, by Creditors in the State of Florida.

Garnishment and Personal Property

The Florida Wildcard Exemption means that a Debtor can Exempt or protect from seizure, attachment or garnishment of Assets by his Creditors, up to $4,000 in Personal Property, if the Debtor does not use the Homestead Exemption.   Florida Statute 222.25.

Garnishment Protection..

Section 222.25 of the Florida Statutes protects Prescribed Health Aids from attachment, seizure or garnishment by Creditors.   Section 222.22(2) of the Florida Statutes protects Prepaid Medical Savings Accounts and Health Savings Accounts Deposits from attachment, seizure or garnishment by Creditors.

Article I, Section 4

Article I, Section 4 of the Florida State Constitution has an Exemption for Personal Property, wherein Creditors cannot attach more than $1,000 worth of your Personal Property, such as furniture, electronics, and artwork.

Homestead Exemption, the Final Word

In 1998, In re McFadyen, a Bankruptcy Court decision in the Middle District of Florida, held that a Federal Tax Lien is enforceable against Homestead property in the State of Florida. There are three exceptions to the Florida Homestead Exemption, in which a Creditor can force the sale of a Homestead, according to the Florida Supreme Court in the case of Havoco of America, Ltd v. Hill: Payment of taxes and assessments on the Homestead; Obligations contracted for the purchase, improvement or repair of the Read More +