Protection from Creditors (561) 676-4049

Florida provides extensive protection to debtors who reside within the state. Whether you are falling behind on your credit card payments, or have already defaulted on your payments, or discovered that your creditor has been awarded a money judgment against you, it is important to know that you have legal rights. But, if you don't know your rights, you are likely to lose them. Seek the counsel of an attorney at law and learn your rights as a debtor.

If your primary residence is in Florida, and that residence qualifies as your homestead, your unsecured creditors are prevented from taking that residence as settlement for unpaid debts, depending on your circumstances.

Likewise, if you, as a Florida resident, hire an attorney to represent you in negotiations with your creditors those creditors are no longer allowed to contact you directly, and furthermore, under federal law the collection agents that are hired by your creditors are not allowed to contact you directly.

When a creditor seeks to place a writ of garnishment on a debtor's bank account, the debtor has the right to "block" or dissolve that writ to the extent that the account consists of social security benefits, retirement or profit sharing benefits, pension money, annuities, and/or wages (head of household). But if the debtor does not legally assert his or her right in accordance with Florida law, the creditor may end up collecting money to which the creditor is not otherwise entitled, and may do so without opposition.