in the State of Florida There Are Various Exemptions..

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In the State of Florida there are various Exemptions, which protect a Debtor against seizure or garnishment of his or her property from Creditors. Florida Statute Section 222.25 enumerates some of the Personal Property Exemptions available under Florida Law.   Florida Statute 222.25 provides that the following property is exempt from attachment, seizure or garnishment under Florida Law:   A debtor’s interest, not to exceed $1,000 in value, in a single motor vehicle as defined in s. 320.01. A debtor’s interest in any professionally prescribed Read More +

Florida Law Provides for the Use of the Florida State Exemptions and Not the Federal Exemptions in Bankruptcy Proceedings

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Florida Statute Section 222.20 provides:   In accordance with the provision of s. 522(b) of the Bankruptcy Code of 1978 (11 USC s. 522(b)), residents of this state shall not be entitled to the federal exemptions provided in s. 522(d) of the Bankruptcy Code of 1978 (11 USC s. 522(d)). Nothing herein shall affect the exemptions given to residents of this state by the State Constitution and the Florida Statutes.   HOWEVER, IN SOME CASES, A DEBTOR IN A BANKRUPTCY COURT IN FLORIDA, MAY USE Read More +

How Does One That Seeks Domicile in the State of Florida But Has Another Place of Residence in Another State or States, Evidence Domicile in the State of Florida?

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Florida Statute Section 222.17(2) provides:   Any person who shall have established a domicile in the State of Florida, but who shall maintain another place or places of abode in some other state or states, may manifest and evidence his or her domicile in this state by filing in the office of the clerk of the circuit court for county in which he or she resides, a sworn statement that his or her place of abode in Florida constitutes his or her predominant and principal Read More +

How Does One Show That He or She Seeks to Establish Florida As His or Her Domicile?

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Florida Statute Section 222.17(1) provides:   Any person who shall have established a domicile in this state may manifest and evidence the same by filing in the office of the clerk of the circuit court for the country in which the said person shall reside, a sworn statement showing that he or she resides in and maintains a place of abode in that county which he or she recognizes and intends to maintain as his or her permanent home.

Florida Law Provides That Wages or Unemployment Compensation Due A Deceased Employee May Be Paid to the Spouse or Certain Relatives

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Florida Statute Section 222.15 provides:   It is lawful for any employer, in case of the death of an employee, to pay to the wife or husband, and in case there is no wife or husband, then to the child or children, provided the child or children are over the age of 18 years, and in case there is no child or children, then to the father or mother, any wages or travel expenses that may be due such employee at the time of his Read More +

Are the Cash Surrender Value of Life Insurance Policies and Annuity Contracts Exempt or Protected From Creditors in the State of Florida?

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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 process in favor of any creditor of the person whose life is so insured or of any creditor of the person who is the beneficiary of such annuity contract, unless Read More +

is A Life Insurance Policy Protected From Creditors in Florida?

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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 of creditors of the insured unless the insurance policy or a valid assignment thereof provides otherwise. Notwithstanding the foregoing, whenever the insurance, by designation or otherwise, is payable to the Read More +

How Are the Proceedings to Determine an Exemption Conducted in Florida?

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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 the personal labor and services of such person, and she or he is the head of a family residing in said state, When such an affidavit is made, notice of Read More +