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.
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, or attorney, does not appear and make such selection, the officer shall make the selection for him or her, and the property not so selected as exempt may be sold.
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 writ of execution, writ of attachment, or writ of garnishment upon personal property which is allowed by law or by the State Constitution to be exempt from levy and sale, Read More +
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 residence, or modular home, on land not his or her own which he or she may lawfully possess, by lease or otherwise, and claiming such house, mobile home, or modular Read More +
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 Constitution, this subsection shall not apply to: Liens and judgments for the payment of taxes and assessments on real property. Liens and judgments for obligations contracted for the purchase of Read More +
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 constitutional homestead status of the property described in the notice of homestead or to file an action to foreclose the judgment lien, together with the filing of a lis pendens Read More +
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 a county pursuant to chapter 55, a person who is entitled to the benefit of the provisions of the State Constitution exempting real property as homestead and who has a Read More +
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.
Under Florida Statute 222.18, Disability Benefits are Exempt or protected against Creditor garnishment, attachment or levy
Lottery winnings are not Exempt or protected from attachment, levy or garnishment by Creditors under Florida Law.
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