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NA
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Experience:  NA
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if I get successfully sued can they come after my lawn equipment

Customer Question

if I get successfully sued can they come after my lawn equipment or other products which provides my income
Submitted: 7 years ago.
Category: Legal
Expert:  NA replied 7 years ago.
Thank you for your question.

If you are sued and a judgment is issued against you in the state of Florida certain property you hold will be exempt from collection. They cannot force a sale of:

  • Your home (within certain limits that are not an issue for most people)
  • Up to $1000 in personal property that you choose
  • Your car, unless it is worth more than $1,000, in which case they can force a sale and give you the first $1,000 while keeping the rest.
For all other personal property, they can obtain a lien and they can then force a sale of the property to pay the judgment.

If it is a personal judgment you could choose to protect $1000 of your lawn equipment and products, and $1000 of the value of a vehicle you own.

If the judgment is against your business then there are no exemptions for any business property.

Please don't hesitate to let me know if you have any additional questions or need more clarification.
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Customer: replied 7 years ago.
IF i put everything in my wife's name will that help me
Expert:  NA replied 7 years ago.
Florida has a law that prohibits what are called "fraudulent transfers". These typically happen when someone who owes or may owe on a judgment transfers property to friends or family to try to protect the assets from the judgment.

There are a number of factors that determine whether a transer is fraudulent, including the intent of the debtor (the person who owes, or will owe the judgment) and whether the transfer was for "fair value" (in other words, did the debtor get something in return for the transfer).

If a transfer is found to be fraudulent, then it can effectively be reversed in a suit, and the assets are fair game for the creditor.

This is just a summary to give you an idea of the basic premise of the law. The answer for your specific case is outside the scope of what I'm able to answer without providing legal advice. If you have assets that you are concerned about protecting I would urge you to contact an attorney in your state for a consultation to review your options.

The Florida State Bar provides a referral service with nominal initial consultation fees here:

http://www.floridabar.org/divpgm/lronline.nsf/wreferral6?openform

Thank you for the accept. If you have any additional questions please don't hesitate to ask.