Legal Question in Credit and Debt Law in Florida

JUdgements and levies

I have a judgement entered against me for non-payment of attorney fees. I own no real estate that can be attached... only some equity in my car... I was called to court so that I could be examined concerning my property. I was told in chambers that the car would be attached. Upon speaking privately with the attorney he informed me that the court has executed a levy to have my car picked up immediately and sold even though it is still financed and the title remains in the bank name. Is this correct? I thought that they would put a lien that would have to be satisfied before I could sell it but not forced liquidation. Also... can wages be garnished for this type of judgement... if so how much? Thanks for any info.


Asked on 12/17/00, 11:43 am

2 Answers from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: JUdgements and levies

The judgment creditor may execute on all non-exempt property in which you have an interest. Only your interest may be used towards satisfaction of the judgement. You enjoy a general $1000.00 personal property exemption. Wages of a non-head of household are subject to garnishment to the extent of a maximum of 25% of the income.

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Answered on 12/26/00, 3:37 pm
Wendell Finner Wendell Finner, P.A.

Re: enforcement of a judgment

Florida law permits a judgment debtor to declare $1,000.00 of equity in a car as exempt -- if there is value above this amount the car may be seized and sold. The wages of a head of household -- a person responsible for another's support -- are exempt from garnishment. Other people's wages can be garnished up to a maximum of 25% of disposable earnings.

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Answered on 12/22/00, 6:36 am


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