Legal Question in Credit and Debt Law in Florida

FL home safe from creditor?

Can a creditor in Indiana claim our home in FL? If not, would we need to be living in the FL home? We still live in Indiana in a rented home.


Asked on 5/24/07, 9:27 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: FL home safe from creditor?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Yes, a Florida home can be levied against for collection of a judgment after one is obtained unless it is your primary residence. Since you live in Indiana, your home in Florida is fair game for a creditor.

You may wish to change your primary residence in order to protect your investment. I would strongly suggest that you consult a Florida attorney to discuss your legal rights and obligations.

Scott R. Jay, Esq.

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Answered on 5/25/07, 1:03 am


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