Lawsuit Abuse in Florida

Lawsuit abuse is reason for worry.  A survey conducted by the National Federation of Independent Business (NFIB), in conjunction with Sick of Lawsuits, found that 92 percent of small business owners in Florida believe that lawsuit abuse is stunting their growth.  According to NFIB's Florida Chapter, "Lawsuit abuse is turning Florida's business climate into a climate of fear for small business owners." Now, 92 percent is a staggering number, but who doesn't think lawsuit abuse is a problem?  The answer is obvious.  Most interesting, though, are the additional findings, and what follows is a discussion of these statistics under the purview [...]

By |August 16th, 2016|Categories: Asset Protection|Tags: , , , , |

Will The Court Uphold Your Homestead Exemption?

Florida's constitutionally mandated homestead exemption is the holy grail of exemption planning.  Its purpose is to protect the sanctity of the home by providing a shelter for the owner and his family immune from the money judgments of creditors.  In other words, the homestead is exempt from forced sale in all but three limited exceptions: (1) taxes; (2) contracts to repair, improve or purchase the property; and (3) obligations owed to those who perform labor on the realty. Naturally, then, the homestead has been the bane of creditors and a source of frustration for the judicial system.  Cunning debtors, in [...]

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