How and when to claim homestead and TBE exemptions

[ginberg4]

What is the name of your state?Florida

I live in Florida and I am a judgment debtor. I have a home jointly with my wife and another joint tenant by entire (TBE) property (a small piece of land) with my wife. We bought both of them long before the lawsuit which made me judgment debtor. My wife is not a party in this lawsuit. Now the judgment creditor got writ of execution on my home and the TBE property. I knew that both of them are exempt but not sure when I need to claim these exemptions and how. I read somewhere that I must file an affidavit with the court and with the sheriff stating the exemptions. Is this correct? If so, when exactly I have to do: can I wait until the creditor sent me a notice of sale or foreclosure of the house and small TBE land?

Also, how soon I can claim and how?

 

[quincy]

To claim exemptions, you will need to file an affidavit with the court.

Here is a link to a Florida Bar consumer pamphlet on debtors rights. See "Procedure for claiming your exemptions."

https://www.floridabar.org/public/consumer/tip006/

Good luck.

 

[ginberg4]

Thank you. If I file a motion claiming the exemption for homestead and TBE property, to which I attach the affidavit stating that the home is my homestead and the other property is TBE then will it be enough? Do I need to send a copy of the affidavit to Sheriff as well? The link you provided states as follows about TBE property:
"The judgment debtor and/or the debtor’s spouse must file an affidavit with the court and the sheriff to obtain the exemption and protect the property from the judgment creditor."

 

[quincy]

Thank you. If I file a motion claiming the exemption for homestead and TBE property, to which I attach the affidavit stating that the home is my homestead and the other property is TBE then will it be enough? Do I need to send a copy of the affidavit to Sheriff as well? The link you provided states as follows about TBE property:
"The judgment debtor and/or the debtor’s spouse must file an affidavit with the court and the sheriff to obtain the exemption and protect the property from the judgment creditor."

It appears you send it to the judgment creditor/creditor's attorney.

 

[ginberg4]

Thank you. If I file the above mentioned motion (attaching an affidavit of exemption) with the Court and send a copy of it to Judgement creditor's attorney will it be enough?

 

[quincy]

Thank you. If I file the above mentioned motion (attaching an affidavit of exemption) with the Court and send a copy of it to Judgement creditor's attorney will it be enough?

I recommend you contact a Florida lawyer or visit a legal aid clinic in your area to make sure that your affidavit is filed properly and all that needs to be done to protect your exempt assets has been done.

Good luck.

 

[ginberg4]

Thank you.

 

[quincy]

Thank you.

You're welcome, ginberg4. I appreciate the thanks.

Because I would hate to steer you wrong, I recommend you double check what is required with a legal professional in Florida.

Good luck.

 

[HRZ]

To some extent sending to everybody concerned covers all bases ?

 

[quincy]

To some extent sending to everybody concerned covers all bases ?

I am not sure that the sheriff needs to be served, which was a question in the original post.

 

[HighwayMan]

There is a lot at stake for the OP. Too much to trust to online advice. His best bet is to consult with a local attorney to make sure all of the "eyes" are dotted and the "tees" are crossed.

 

[quincy]

There is a lot at stake for the OP. Too much to trust to online advice. His best bet is to consult with a local attorney to make sure all of the "eyes" are dotted and the "tees" are crossed.

I agree.

The Florida Bar is a reliable source but I would want all information verified anyway.

 

[ginberg4]

Thanks for all your responses. I am from Leon County. http://www.leoncountyso.com/divisions/judicial-services/writs-and-levies says:
Any property owned by a defendant is subject to levy, with the exception of real property protected by homestead exemption. Property held in the name of multiple parties (i.e. John Doe and Jane Doe) is not subject to levy when judgment is against only one, or some, of the owners.

Also, that website states
Prior to the first date of publication, the plaintiff is required to send, via certified mail to the defendant, a copy of the Notice of Sheriff’s Sale, Notice of Sheriff’s Levy, and the aforementioned affidavit pursuant to F.S. 56.27.

Does it mean, the judgment creditor should send me a certified mail prior to the notice of Levy?
I hope this additional info may help you give me an answer on when I need to file (i.e., how far can I wait or how quick I can file)

 

[HighwayMan]

No, you really need to consult with an attorney. Apparently you like gambling and don't want to listen to the advice you've been given here.

 

[ginberg4]

Thank you and I will do.