Florida Law in Homesteads

In Southern Walls, Inc v. Stilwell Corp, the 5th District Court in Florida, in discussing the Florida Homestead Exemption, stated, “although a castle to one may be a shanty to another, the law does not so discriminate. Thus, regardless of whether one’s castle is a traditional home or a modest cottage, whether it is a rural farmhouse or a villa by the sea, whether it floats or sits on wheels, whether it is a condominium or a co-op, it should receive the same protection under Read More +

Homestead Exemptions

In order for a Debtor to claim the benefit of the Florida Homestead Exemption, against a Creditor, he must be a Resident of the State of Florida.   In re Bermudez, a 1992 South District Court decision held that a Debtor who has a permanent visa or green card can qualify as a Resident of Florida for purposes of the Florida Homestead Exemption. An Alien Debtor, or a Debtor illegally within the borders of the United States, and specifically Florida, cannot claim the Homestead Exemption against Read More +

Homestead Exemption in Florida Continued..

If you live in the State of Florida and you own property, you may be able to claim that property as Exempt as your Homestead.   Our prior Blogs discussed the requirements to establish the Homestead Exemption. In turn, a Creditor or a Bankruptcy Trustee can potentially seek to oppose your assertion of the Homestead Exemption to your property. The Creditor’s checklist includes:   Is the property located in the State of Florida? Is the Debtor residing or his family residing, in the property? If the Read More +

Florida Has A Head of Family or Head of Household Exemption..

Florida has a Head Of Family or Head Of Household Exemption that provides that the Wages of the Head Of Family are Exempt from Garnishment. That means the Wages of the Head Of Family cannot be Garnished in the State of Florida. There are some exceptions to this Law.

the Exemption for the Head of Family is Defined..

The Exemption for the Head Of Family is defined in Section 222.11 of the Florida Statutes. The Wages of the Head Of Family cannot be garnished in the State of Florida. There are some exceptions to this Law. Section 222.11 provides: The EARNINGS of the HEAD OF FAMILY cannot be Garnished, UNLESS The Head Of Family has DISPOSABLE EARNINGS of more than $750.00 per week AND such person AGREED OTHERWISE IN WRITING.   The important terms to define are HEAD OF FAMILY, EARNINGS, DISPOSABLE EARNINGS, Read More +

When Can A Student Loan Borrower Contest A Tax Offset?

Grounds To Fight The Government When They Seek To Take Your Tax Refund To Pay Student Loan Debt There are a number of Defenses that Student Loan Borrowers can use if the Department of Education or its Guaranty Agencies attempt to take your Tax Refund through a Tax Offset, in order to Collect on a Student Loan Debt Obligation. These Defenses Include: 1. Cases in which the Student Loan Borrower qualifies for a False Certification Discharge based upon Ability To Benefit, Unauthorized Signature, or Disqualifying Read More +