![]() ![]() ![]() If you are a Florida consumer being pursued by a creditor, you don't necessarily have to wait to make potential exemptions known to that creditor. The protections which may apply to an individual to render him or her judgment proof in Florida are protections which must be affirmatively sought by the individual seeking to benefit from them. I have seen too many people believe that being “judgment proof” was some sort of automatic protection observed by the legal system. This scenario in particular is what troubles me most about the casual use of the term “judgment proof.” It oversimplifies what might not be a simple situation and the ramifications of a misunderstanding are potentially disastrous. If this happens, there is sometimes nothing that can be done to undo the waiver or failure to respond. I have seen many Florida debtors fail to respond to a lawsuit or a garnishment believing that they were judgment proof and therefore “protected” only to find out that by failing to actually raise their defenses or prove their exemption they had waived their rights instead. It doesn't simply refer to the individual who considers him or herself as such.) What's important about both of these scenarios is that the exemptions almost always must be affirmatively asserted to be effective, and they are subject to change as the status of the individual or the asset changes. (It is important to note that head of household in this context has a specific legal meaning and definition. Examples of this type of exemption include Florida head of household and certain active duty military personnel. The second is the recognized legal exemption of the asset because of the status of the individual who owns or controls it. An example of this your homestead property in Florida or certain property held by married couples in Florida when only one spouse is the debtor. The first is that the asset itself has a recognized legal exemption from attachment by creditors generally. Exemption of the asset because of the status of the asset itself and exemption of the asset because of the status of the individual who owns or controls it. ![]() ![]() There are 2 basic ways in which someone can find him or herself effectively judgment proof in Florida. As you can see, the qualifications as described make the explanation somewhat more complicated than “you're judgment proof.” What I believe most attorneys mean when they advise someone that they are judgment proof is that an unsecured, non-governmental creditor cannot reach the assets of the individual as they are at that moment in time, even utilizing legal processes which were designed to allow creditors to recover money from debtors such as execution and garnishment. So then what does being judgment proof mean in Florida? I believe this is because of both a fundamental misunderstanding of the term as a legal concept and its casual use between some attorneys and the public. The main problem I have with the term “judgment proof” is the fact that it has no recognized legal meaning in Florida and that people almost exclusively attempt to assert being judgment proof as if it does. They were almost always wrong, sometimes with unpleasant consequences following because of their mistaken belief and their resultant failure to take the proper action to protect their interests. They would almost always state that they read it somewhere on the internet or that an attorney informally advised them that this was the case. In my years of litigation representing creditors I routinely dealt with consumers who would raise the “fact” that they were judgment proof as a sort of defense to their case and a basis for why my clients could not pursue them further. I assure you that it means none of those things and works in none of those ways. Perhaps the phrase conjures thoughts of a person whose status allows him or her to operate outside of the law without regard to legal contracts and debt obligations. If the phrase is to be taken literally, it would imply that no civil judgment could be entered against the individual so qualified. Many persons (consumers and misinformed attorneys alike) believe that reciting the incantation at a court proceeding or during negotiations will immediately bring their case to a halt and exonerate them of any further duties or liabilities with regards to the debts in question. It sounds official, powerful, and potentially exciting. ![]()
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