Legal Question in Civil Litigation in Florida

Protection of assets prior to lawsuit

I have reason to believe I am going to be sued for defending myself by pushing someone in the course of an argument. This individual claims to have suffered a lower back injury as a result.

Is there any means by which I can protect my very limited bank account beforehand (i.e. a monetary gift to a relative, etc.)?

Secondly, can judgements be awarded against future earnings?


Asked on 1/27/02, 11:55 pm

1 Answer from Attorneys

Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Protection of assets prior to lawsuit

You can protect your money by putting it into your homestead, which is protected from creditors in Florida. There may be a way to use your money to purchase a variable life insurance product that may arguably be protected from known creditors. You should seek the advice of an attorney experienced in civil litigation and asset protection matters. As concerns future wages, a judgment creditor may attempt to garnish part of your wages, but there are laws that exempt certain persons from having their wages garnished (i.e., Florida's head of household exemption under Florida Statutes). Don't forget that before anyone can go after your money, they first have to sue you and obtain a final money judgment against you. You have every right to defend yourself to avoid having any judgment entered against you. Seek the advice of counsel and good luck.

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Answered on 1/28/02, 12:00 pm


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