• Are The Cash Surrender Value Of Life Insurance Policies And Annuity Contracts Exempt Or Protected From Creditors In The State Of Florida?

    Florida Statute Section 222.14 states:   The cash surrender values of life insurance policies issued upon the lives of citizens or residents of the state and the proceeds of annuity contracts issued to citizens or residents of the state, upon whatever form , shall not in any case be liable to attachment, garnishment or legal…

  • Is A Life Insurance Policy Protected From Creditors In Florida?

    Florida Statute 222.13 states:   Whenever any person residing in this state shall die leaving insurance on his or her life, the said insurance shall inure exclusively to the benefit of the person for whose use and benefit such insurance is designated in the policy, and the proceeds thereof shall be exempt from the claims…

  • How Are The Proceedings To Determine An Exemption Conducted in Florida?

    Florida Statute Section 222.12 states: Whenever any money or other thing due for labor or services as aforesaid is attached by such process, the person to whom the same is due and owing may make oath before the officer who issued the process or before a notary public that the money attached is due for…

  • Circuit Courts In Florida Have Equity Jurisdiction To Enjoin The Sale Of All Property

    Florida Statute Section 222.09 states:   The circuit courts have equity jurisdiction to enjoin the sale of all property, real and personal, that is exempt from forced sale.

  • Courts In Florida Have Equity Jurisdiction To Set Apart Homestead And Exemption

    Florida Statute Section 222.08 states:   The circuit courts have equity jurisdiction to order and decree the setting apart of homesteads and of exemptions of personal property from forced sales.

  • Defendants Right To Selection Under Florida Law

    Florida Statute Section 222.07 states:   Upon the completion of the inventory the person entitled to the exemption, or the person’s agent or attorney , may select from such inventory an amount of property not exceeding, according to such appraisal, the amount of value exempted; but if the person so entitled, or the person’s agent,…

  • Florida Statute Section 222.061(5) provides

    The State of Florida has Laws that provide some protections for Debtors against Creditors. Florida provides an Exemption for the Personal Property of the Debtor, both within a Bankruptcy and outside of one.   Florida Statute Section 222.061 provides a method of exempting Personal Property. Section 222.061(1) provides:   When a levy is made by…

  • Florida Law has a special Exemption..

    Florida Law has a special Exemption for a Homestead that is a mobile home or modular home on land that the Debtor Homeowner, does not own. Meaning, the Debtor owns the mobile home but leases the land. Section 222.05 provides: Any person owning and occupying any dwelling house, including a mobile home used as a…

  • Florida Section 222.01(5) provides..

    Florida Statute Section 222.01(4) provides that a lien cannot generally attach to the Homestead of a Debtor in the State of Florida. However, Article X of the Florida State Constitution and Section 222.01(5) provides Exceptions to this general rule.   Florida Section 222.01(5) provides:   As provided in s. 4, Art. X of the State…

  • A lien pursuant to chapter 55

    In the State of Florida, a Lien generally cannot attach against Homestead property. There are some exceptions to this general rule.   Florida Statute Section 222.01(4) provides: A lien pursuant to chapter 55 of any lienor upon whom such notice is served, who fails to institute an action for a declaratory judgment to determine the…

  • Notice Of Homestead

    If a natural person residing in Florida, has a Judgment entered against him for a Debt, and he owns and desires to protect his Homestead, then under Section 222.01(2) of the Florida Statutes, he has a remedy. Section 222 provides: When a certified copy of a judgment has been filed in the public records of…

  • Under Florida Statute 769.05..

    Under Florida Statute 769.05, Damages or an award for the Damages, received by employees working in hazardous occupations, are Exempt or protected from Creditor attachment, garnishment or levy.