Separation of assets in Florida Social security payments are salvage from a creditors process. The commingling of non- exonerate deposit with an rid asset volition not automatically cause the explain portion to barf up the exempt status. Beardsley v. Admiral Ins. Co., 647 So. 2d 327, 329 (3d DCA Fla. 1994). The debtor has the weight of test copy to trace and properly identify amounts exempt from collection. Beardsley, 647 So. 2d at 329. Where a bank peak contains commingled assets, the discriminative system will interpret the account balance and exempt the portion that is traceable as exempt. Parl v. Parl, 699 So. 2d 765, 767 (4th DCA Fla. 1997).
No privilege will lie if the court cannot separate out exempt from non-exempt funds. Beardsley, at 329. In Parl v. Parl, plaintiff in error garnished appellees bank account to satisfy a plan for inexpert alimony. Parl, 699 So. 2d at 766. Appellees bank account contained two exempt and non-exempt assets. Id., at 767. The Fourth District held that the d...If you postulate to croak a full essay, order it on our website:
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