Legal Question in Credit and Debt Law in Florida
judgement levy
If a bank in New York gets a summary judgement from the Supreme Court of New York, could they garnish Disability Social Security payments or Workman Comp. disability, can they lein or take my house?
2 Answers from Attorneys
Re: judgement levy
If you are a bona-fide resident of Florida, the assets you detailed are exempt. That does not mean the creditor cannot try to get them. If it does, then you must act to quash any such efforts. You should act through a qualified atty. You can reach me at 305.940.
Re: judgement levy
A home in Florida is protected under Florida homestead laws provided it is your primary residence and falls within the limitations as set forth by the Florida constitution. A lien can be filed but it will not affect your homestead.
Social security payments are likewise protected under Florida law as well as any other income by the head of a household. You did not provide any of the pertinent information and thus I can not give you any specific answers to your questions. I strongly suggest that you meet with a local attorney who can advise you as to your exact situation after you give full information to him or her.
Scott R. Jay, Esq. 305-249-8000