In general, a debtor may claim exemption of his homestead and non-exempt personal property from attachment or execution of a judgment, or in a bankruptcy proceeding.
Homestead Exemption:
160 acres outside a municipality;
1/2 acre within a municipality;
Certain personal property is allowed by law or by the State Constitution to be exempt from levy and sale, the debtor may claim such personal property to be exempt from sale by making, within 15 days after the date of the levy, an inventory of his or her personal property. (Section 222.061.) Personal property which may be exempt include
certain portion of wages (Section 222.11),
life insurance policies (Section 222.13), annuity contract (Section 222.14),
unemployment compensation benefits (Section 222.15),
disability benefits (Section 222.18),
pension and retirement funds (Section 222.21),
motor vehicle up to a value of $1,000 and
interest in any professionally prescribed health aids for the debtor or a dependent of the debtor (Section 222.25).
Section 55.146 of the Florida Statutes further provide that all property of a judgment debtor where the judgment is in favor of any state for failure to pay that state's income tax on benefits received from a pension or other retirement plan is exempt from forced sale under process of any court, and no such judgment or execution based thereon shall be a lien on such property.
Homestead Exemption:
160 acres outside a municipality;
1/2 acre within a municipality;
Certain personal property is allowed by law or by the State Constitution to be exempt from levy and sale, the debtor may claim such personal property to be exempt from sale by making, within 15 days after the date of the levy, an inventory of his or her personal property. (Section 222.061.) Personal property which may be exempt include
certain portion of wages (Section 222.11),
life insurance policies (Section 222.13), annuity contract (Section 222.14),
unemployment compensation benefits (Section 222.15),
disability benefits (Section 222.18),
pension and retirement funds (Section 222.21),
motor vehicle up to a value of $1,000 and
interest in any professionally prescribed health aids for the debtor or a dependent of the debtor (Section 222.25).
Section 55.146 of the Florida Statutes further provide that all property of a judgment debtor where the judgment is in favor of any state for failure to pay that state's income tax on benefits received from a pension or other retirement plan is exempt from forced sale under process of any court, and no such judgment or execution based thereon shall be a lien on such property.
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