Expert: Morgan Smith - 6/16/2008

Question
Hello Morgan,

I recently won a lawsuit as a Pro Se Plaintiff and have a judgment for $38K against a Florida LLC. I have served a Writ of Garnishment on their bank, SeaCoast National and Seacoast replied through its counsel that there are two accounts, one with $480 and one with $790.  I am about to file a Motion for Judgment against Garnishment and I just received a letter from the Defendant's attorney stating that it is criminal for me to garnish what he claims to be an Escrow account.  I searched the Florida state statutes and see nothing about this.  If the defendant is simply claiming the account to be an escrow account is there any law or reason why I cannot get the judgment and ultimately the funds that are held?  The defendant took escrow deposits in the amount of $30K-$150K from about 50 people for homes, and the bank records turned over during Aid in Execution show these funds were never deposited into this so called Escrow account.

Thanks,

Carl

Answer
Dear Carl,

Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes. Before you take any action, consult with your own attorney.

I am not aware of any particular law that makes a judgment debtor’s escrow accounts magically immune from execution.  In fact, in a recent case in my state, the court approved transferring an entire escrow account to satisfy a judgment.  See Otis v. W.W. Holes Mfg. Co., 1999 WL 639255.

I do not practice law in Florida, so there may be a local law that is different from the way my state works.  Alternatively, your opponent’s attorney might be telling you nonsense.

I suggest that you reply to the attorney, and ask him what authority he has to shield the escrow account from judgement.  You may be well served to discuss his reply with your attorney, and ponder your next move accordingly.


I hope this helps, good luck to you.

Morgan Smith
SMITH & RAVER LLP
Minneapolis, Minnesota
http://smith-and-raver-llp.biz