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socrateaser, Attorney
Category: Bankruptcy Law
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Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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I am not sure if this is a bankrupcy question or not but as

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I am not sure if this is a bankrupcy question or not but as i understand it-----
OJ Simpson did not have to pay in his civil suit because he was a florida resident. He is allowed one hous, one car and his retirement and IRA's that can not be toutched by the courts.
What would happen if a Florida resident was ordered to pay restitution to the courts. Would the same exclusions apply?
Florida law has held that the homestead exemption is valid against a criminal restitution order. Schlosser v. State, 602 So.2d 628 (FL 2nd Dist. 7/8/1992). However, where the court orders restitution as a condition of probation, the convict's refusal to waive the exemption is a willful violation of probation which authorizes the court to revoke probation and take the convict into custody. Downing v. State, 593 So.2d 607 (FL 5th Dist. 2/14/1992). So, it's quite a bit more complicated than one might have originally thought.

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