A garnishment is a way of collecting money from a defendant by ordering a third party (usually an employer) to pay money, otherwise owed to the defendant, directly to the plaintiff. Florida is one of the few states in the country to allow an exemption from wage garnishment. In Florida,…
Articles Posted in Asset Protection
Digital Asset Trust and Picture Sharring
Digital Asset Protection Trust can help preserve your pictures and other website information after you die or if you become incapacitated. Most picture sharing websites promote the freedom to assign ones property rights to another. While all of these websites prohibit reselling the account to another, Flickr was the only…
What a Prenuptial Agreement Can and Cannot Protect?
According to a recent statistic in the USA Today, a poll found that only 4% of married couples in the United States have a premarital or prenuptial agreement. Florida was reported as having one of the country’s worst divorce rates in 2009. Due to this alarming rate, Florida allows couples…
When do you Digital Assets Expire and are they Assignable
We have started reviewing digital assets for whether they are assignable and when they will be deactivated. There are services that purport to pass on login information to who you designate after you die. Remember that such a transfer does not appear to be legal and may create liability to…
Inherited IRA Not Protected from Creditors in Florida Second DCA case rules
In the case of Robertson v. Deeb 16 So.3d 936 (FL. Dist. Ct. App. 2 DCA 2009) the court held that an inherited IRA does not have the same creditor protection that an individual’s IRA by concluding that F.S. 222.21(2)(a) “does not apply to inherited IRAs because the plain language…
Florida Homestead Protection and Creditors: Will your home be protected upon your death?
When a person dies, who owned a property protected by a Florida Homestead we generally expect the property to be free from the claims of creditors. There are certain situations when this is not true and other types of planning could prevent creditors from making claims against your Florida Homestead.…
Jacksonville Trial Attorney
A Jacksonville Trial Lawyer can be very helpful in the event that your dispute needs to go to trial. There are many different types of Jacksonville trial attorneys. The Law Office of David M. Goldman PLLC has Jacksonville Civil Trial lawyers as well as Jacksonville Criminal Trial Lawyers. We Deal…
Toyota Diminution of Value Lawsuits: Toyota Class Action Lawyer
Whether you live in Florida, New York, California or any state and are the owner of a Toyota car, truck, or SUV, your Toyota Automobile may have just dropped in value. We all know there will be many Class Action Lawsuits against Toyota. Here is one class action that you…
Short Sales and Additional Liability
If I do a Short Sale on my Florida Home am I responsible for anything else? Yes you can be responsible for the difference in what the home is sold for and the loan amount + additional fees and expenses. You must get the mortgage company to release your from…
Fighting Foreclosures
If you live in Jacksonville or anywhere in Florida and are facing a Florida Foreclosure Lawsuit or facing the foreclosure on your home in the future there are somethings you should know. In Florida a foreclosure process my proceed in the courts. This is because Florida requires a Judicial Foreclosure…