Author Topic: amount in bank account post judgement in Florida?  (Read 347 times)

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Bloodless Turnip

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amount in bank account post judgement in Florida?
« on: December 14, 2014 11:57:52 PM »
Is there a exempted amount that the creditor cannot touch that one can have in a bank account post judgement in Florida? I am not talking about Social Security funds or other protected classes of assets. Just plan old money. Seems to me I read that somewhere and cannot find it again. One I run across as an example quite a bit is New York. Evidently the creditor cannot touch anything under $1920 in a bank account no matter what the source of the money.

kevinmanheim

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Re: amount in bank account post judgement in Florida?
« Reply #1 on: December 15, 2014 01:40:44 AM »
They legally cannot take your wages if they are below a certain amount. However, that doesn't stop some judgment creditors from seizing a bank account. To get it back, you would need to prove the amount taken exceeded the exempt amount.

Bloodless Turnip

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Re: amount in bank account post judgement in Florida?
« Reply #2 on: December 15, 2014 02:51:04 AM »
Yes, I am pretty clear about the wage garnishment end. I believe that is 30 times the hourly Federal minimum wage per week you can keep 100%. I am not clear on if they can empty a bank account totally in Florida if it is not an exempt kind of income. I just can't seem to hunt that one down to satisfy me....

kevinmanheim

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Re: amount in bank account post judgement in Florida?
« Reply #3 on: December 15, 2014 10:57:20 AM »
I am not clear on if they can empty a bank account totally in Florida if it is not an exempt kind of income.
Yes, they can.

They can also take the exempt amount. It's up to you to get it back by proving it was exempt.

They send a garnishment notice to where you bank, or where they think you might bank. Any money on deposit is handed over by the bank to satisfy the judgment. If the judgment is more than your account balance, the account will be emptied.

The only exceptions are for exempt Social Security direct deposit accounts, or accounts for which you have notified the bank exempt income is contained. Even then, banks have been known to ignore exempt amounts.

Don't keep money in the bank if you have a judgment against you.

Bloodless Turnip

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Re: amount in bank account post judgement in Florida?
« Reply #4 on: December 15, 2014 11:44:19 AM »
Thanks for you input, Kevin. I have a dedicated account just for my meager Social Security on direst deposit. I do have another account I pay bills with and re-deposit in that one. Sounds like I am gonna do some rearranging here. I do not have a judgement against me at this time, just preparing for the future....

Brunothe JDBKiller

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I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

Bloodless Turnip

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Re: amount in bank account post judgement in Florida?
« Reply #6 on: December 15, 2014 02:05:01 PM »
Thanks, Bruno. I know I have this saved somewhere, but will review it again. My only real income is about 8k per year in social security. Seems that should be an exemption no matter what in in my bank account, which is under $1500 in both of them. I did not call myself a 'Bloodless Turnip' for nothing. I will still clear the decks even further though....

Brunothe JDBKiller

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Re: amount in bank account post judgement in Florida?
« Reply #7 on: December 15, 2014 02:20:38 PM »
You can have up to two months of SS in your account and it is exempt. Anything over that is not.  Money moved to a different account can be taken. Try a prepaid debit card.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

Bloodless Turnip

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Re: amount in bank account post judgement in Florida?
« Reply #8 on: December 15, 2014 02:42:22 PM »
Thanks again, Bruno. I kinda figured that would be the safest route, but nice to have that confirmed from the JDB Killer himself.....

Bloodless Turnip

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Re: amount in bank account post judgement in Florida?
« Reply #9 on: December 15, 2014 02:47:43 PM »
I will research those debit cards. You would think they could hunt those down somehow?

Brunothe JDBKiller

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Re: amount in bank account post judgement in Florida?
« Reply #10 on: December 15, 2014 02:53:00 PM »
It's much harder because they are not bank accounts.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

Bloodless Turnip

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Re: amount in bank account post judgement in Florida?
« Reply #11 on: December 15, 2014 03:02:50 PM »
I have so little 'extra money' that is is somewhat academic. I will just pay my few bills out of the account and keep it under two months in deposits from Social Security. If it should go over once in while a hundred or so, how is the creditor aware of it? It is not a frozen account? Do they have access to your account information 24/7 once they get a judgement?

Brunothe JDBKiller

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Re: amount in bank account post judgement in Florida?
« Reply #12 on: December 15, 2014 03:43:01 PM »
I believe they have to file a writ of execution on the bank every time they try. I doubt they can monitor your bank account. You could open one in a spouse's name if it is not a community property state, and keep money there.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

kevinmanheim

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Re: amount in bank account post judgement in Florida?
« Reply #13 on: December 15, 2014 03:46:33 PM »
I doubt they can monitor your bank account.
Once they have your account number, they may be able to call the bank and find out if you have a sizeable balance. This can be done by verifying if a check is good, or not.