Legal Question in Credit and Debt Law in Florida

Re: credit card debt

While he owns the homesteaded home, it is protected from creditors. However, if he sells then his assets are subject to any execution a judgment creditor may have. If a creditor knows a home is being sold, it may seek a writ seeking to have proceeds paid to satisfy a judgment. If you would like to discuss further or need an attorney, please call my office.

Re: credit card debt

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The homestead is protected against claims made by creditors. If he sells the home, the monies will be protected if handled properly and then reinvested in a new homestead. If he puts the monies into his bank account or into the account of another, it is fair game for any creditor to garnish.

Scott R. Jay, Esq.

Miami, Florida