Saturday, 18 January 2014

What value amount can be exempted on personal property from being collected by a creditor (post judgement)? Do I need to file some type of e...

Question

What value amount can be exempted on personal property from being collected by a creditor (post judgement)? Do I need to file some type of exemption paper work? I don't have any significant property value and even so, the property I do have is jointly owned with spouse (not listed on judgement).



Answer

In most cases, joint property is not subject to creditor claims, depending on how it is titled. If you are claiming any exemptions then you do have to make the creditor aware of the claim. In Florida there are VERY few exemptions available to you. If the judgment is significant and/or you have a significant amount of more unsecured debt you may want to consult with a bankruptcy attorney to weigh all of your options.



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