If a debtor moves from Texas to Florida, which STATE laws regarding enforcement of a judgement from a Texas County Court are used? Example, Texas exempts one car, Florida exempts only $1000.00 of equity in a car. Texas can seize funds in a bank account, Florida says funds in a bank account can´t be touched for the first 60 days.
The creditor would have to domesticate the TX judgment in Florida, and then any action it takes to levy, attach, or garnish would be under Florida law.
I do not mind learning new things, so I will be candid when I say that I was not aware of a law that protects bank accounts for the first 60 days money is in it. I am aware of a law that protects the earnings of the head of a family for 6 months while in a bank account. So, if you would, please let me know where you learned of the 60-day rule.
There are other ways to protect equity in a car. If a Florida resident owns a home, another $1,000.00 can be protected as to personal property, and if there is no home ownership, an additional $4,000.00 can be protected as to personal property. Since a car is considered personal property, up to $6,000.00 in equity can be protected, but that would leave other assets unprotected.
By the way, in Palm Beach County where I practice, the sheriff requires a $3,000.00 cost bond to be posted by the creditor before he will levy on a motor vehicle. So, that is a major expense to be incurred by a creditor to levy.
You may want to visit my website at www.jeffblampert.com to review other exemptions that apply to protect judgment debtors.
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