Legal Question in Credit and Debt Law in Florida

If you incur a large medical bill , are your house and/or retirement accounts protected in any way?


Asked on 5/27/13, 7:16 am

1 Answer from Attorneys

William Gwaltney William W. Gwaltney, Attorneys at Law

In Florida, your residence, 401(k), and IRAs are generally protected from any creditor, except that your home can be subject to: a lien for the mortgage; claims by a contractor who performed work on the property, was not paid, and properly recorded a lien; tax liens (IRS and property); and HOA/Condo. Any real property that you own, but do not reside in (non-homestead) is subject to lien by judgment creditors.

No creditor can lien or garnish any property or account in Florida without obtaining a judgment in court, or without your express consent. So merely owing the debt is not sufficient to result in garnishment or lien.

If you have more questions or need additional assistance, you can review my website www.gwaltneylaw.com or contact my office.

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Answered on 5/30/13, 6:16 am


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