Frequently our office gets calls from people involved in the collections process as either a debtor, a person owing money, or a creditor, someone looking to collect from a judgment. As any attorney will tell you, an Order of Final Judgment isnt worth the paper its printed on if you cant collect from the Defendant. Florida law contains a number of provisions and protections for debtors who are subject to judgments. First off, Judgement creditors can be fit into two separate categories, those who have a secured interest in your property (like a bank or a car lender) and those who have no secured interest, called an unsecured creditor. A creditor that obtains a judgment against you is a “judgment creditor.” Judgment creditors can perfect their interests and recover judgments for periods extending up to 20 years if done properly. The process of collecting judgments is referred to as discovery in aid of execution. After a final judgment is entered the Court will retain jurisdiction and the Judgment Creditor will be entitled to use the Court’s power to obtain discovery regarding the financial assets of the debtor through written requests and or depositions. Ultimately, if property or assets are discovered that are not subject to Florida’s debtor protections, they will be subject to seizure an auctioned. Additionally, many creditors will attempt to move for a continuing writ of garnishment which can require an employer to subtract funds from a paycheck.
Protections for the Debtor in Florida Collections
1) Homestead: Debtors who have made the designation of real property (homes/condos etc..) to be treated as their homestead are able to protect their home from all unsecured creditors. Secured creditors, those with whom a debtor has used the property as collateral for the loan are not subject to this exclusion. Further, this protection is not applicable to debts owed to the Federal Government for tax payments. A debtor that needs to take advantage of the homestead protections during collection must file an affidavit pursuant to Fla. Stat. 222.01.
2) Marital Property: Luckily for many married couples there are protections for property that is jointly held. If a judgment is against a debtor and not the spouse, property that is held jointly as a tenancy by the entirety is protected and cannot be divided.
3) Personal Property: Debtors also have limited protection in personal property allowances. This can include an exemption of up to $4,000.00 per person in personal property exemptions. So if a debtor has more than than $4,000.00 in personal property exemptions you can pick and choose which items to protect.
4) Vehicle: Debtors are entitled to claim an exemption of up to $1,000 for a vehicle under Florida law. This can be combined with a personal property exemption if unused, so the true value of the vehicle exemption may be raised up to $5,000 depending on whether the personal property exemption was used. The exemption allows you to protect the vehicle so long as the value of the vehicle, minus the debts of the estate is not greater than the amount claimed.
5) Wages: A person earning less than $500 per week who also is the head of a family has exempt wages that generally cannot be garnished. The head of household status is determined by whether the person provides more than 1/2 of the support for a child or another person. Debtors seeking this protection are required to file an affidavit with the Court. Federal law also contains restrictions on garnishment. The Federal restriction limits garnishment to either the lesser of 25% of net wages or an amount 30 times the federal minimum wage per week. For more on head of household, check out Fla. Stat. 222.11
6) Other Exemptions: In addition to the foregoing, there are other income streams that may be exempt from creditor claims including, life insurance, annuity contracts, college savings funds, social security benefits, workers compensation and disability benefits.
Our office is currently engaged in collections proceedings for creditors and debtors, if you have questions give us a call.
Brice Zoecklein
ZOECKLEIN LAW
Meet Your Team
Miranda Pages
Miranda Pages serves as the Client Operations Manager, bringing over a decade of leadership and management experience in youth program administration. Throughout her career, she has overseen team operations, staff development, and program coordination, experience that translates seamlessly into managing client services and internal operations in a professional environment.
Known as the team’s go-to resource, Miranda is highly reliable and deeply dedicated to supporting both colleagues and clients. Her commitment to professionalism and service helps ensure the team operates efficiently while maintaining the high level of care clients expect.
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Juan G. Croussett
Juan G. Croussett is a litigation attorney at Zoecklein Law, where he represents clients in complex probate and trust disputes and other contested matters. Known for his strong courtroom presence and strategic approach to advocacy, Juan focuses on protecting clients’ interests through thorough preparation, persuasive legal argument, and disciplined case management.
Juan earned his Juris Doctor from Florida Coastal School of Law and holds a Bachelor of Arts in Political Science and History from the University of South Florida. Over the course of his career, he has developed extensive litigation experience handling a variety of complex matters, including property disputes, dependency proceedings, and high-conflict cases involving sensitive family issues.
Before joining Zoecklein Law, Juan served as a Senior Attorney with the Florida Department of Children and Families and later as Lead Dependency Attorney at The Spring of Tampa Bay. In these roles, he regularly appeared in court, managed complex case portfolios, and advocated on behalf of individuals navigating difficult legal circumstances.
At Zoecklein Law, Juan brings this depth of litigation experience to guide clients through challenging disputes with clarity, diligence, and strong advocacy. He is committed to developing thoughtful legal strategies and delivering results-driven representation.
Outside of his legal practice, Juan is a devoted husband and father who values family and community
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Keegan Ashmore Gothers
Keegan Ashmore Gothers is an attorney at Zoecklein Law, where he assists clients with probate, estate, guardianship, and other civil litigation matters. He is known for his strong analytical skills, attention to detail, and ability to navigate complex legal issues while providing thoughtful and strategic support throughout the litigation process.
Keegan earned his Juris Doctor from the University of Miami School of Law and holds a Bachelor of Science in Sports Administration with a minor in Business Administration from the University of Louisville. During law school, he distinguished himself in competitive arbitration competitions, earning recognition as a champion in the University of Miami MLB Arbitration Competition and a finalist in the Tulane International MLB Arbitration Competition.
Prior to joining Zoecklein Law, Keegan gained experience working on a variety of civil litigation matters, including real estate disputes, contract issues, probate matters, and business disputes. He has experience drafting pleadings, conducting legal research, preparing discovery, and assisting with depositions, mediations, and motion hearings.
Outside of his legal practice, Keegan enjoys watching sports, spending time with friends and family, and golfing. His background in athletics reflects a competitive spirit and team-oriented mindset that he brings to his work serving clients
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Jacob Rubin
Mr. Rubin currently focuses on probate administration, estate litigation, and general civil litigation. Mr. Rubin grew up in Miami, Florida, and graduated from the University of Miami where he obtained a Bachelor’s of Science in Communications.
Mr. Rubin obtained his juris doctorate degree from Florida International University College of Law in Miami, Florida. While at Florida International University, Mr. Rubin was a member of the Negotiation and Mediation Team, and competed in several competitions, including the Tulane Law School Professional Football Negotiation Competition. While at Florida International University, Mr. Rubin interned at the Miami-Dade State Attorney’s Office and the Broward Public Defender’s Office.
After graduating, Mr. Rubin worked at the Fort Myers Public Defender’s Office as an Assistant Public Defender, and then worked for Florida Rural Legal Services, where he focused on family and immigration law. Mr. Rubin joined Zoecklein Law, P.A. in July of 2023. While not working, Mr. Rubin enjoys spending time with his girlfriend and their three cats, four spiders, one snake, and one scorpion.
Meet Your Team
Charles Adams
A Florida Bar licensed attorney since 2011 with a passion for justice, a track record of successful courtroom and jury trial experience, and a diverse background that extends beyond the legal world. As a past assistant state attorney and co-owner of a successful online business, I bring a unique blend of legal expertise and entrepreneurial spirit to everything I do.
My dedication to the well-being of the community began with my service in the U.S. Army Reserve, evolved into keeping drunk drivers off the street, and is now focused on helping people find closure during difficult times, putting loved ones to rest, and mitigating the injustices of the legal system.
I grew up in Tampa, Florida, and after 2 years at the American University in Washington, D.C., I returned to the state and graduated with honors from the University of Florida with a degree in history. I received my Juris Doctor from the University of Maine. After deciding New England winters were too gloomy, I returned to the state for a second time. When I am not working, I cherish spending time with my wife and our pets.
Meet Your Team
Michelle Zoecklein
Mrs. Zoecklein is a highly accomplished and driven professional with a successful track record in both accounting and customer service. As a devoted spouse and parent to three wonderful children, She values the importance of work-life balance and strives to lead by example in maintaining a fulfilling family life alongside her career.
With an innate sense of self-drive and ambition, Mrs. Zoecklein has consistently demonstrated exceptional leadership and organizational skills, making her an invaluable asset to every team she has been a part of. Drawing from her experience in accounting, she has managed financial operations with precision and an eye for detail, ensuring smooth financial transactions and accurate record-keeping.
In the realm of customer service, Mrs. Zoecklein has honed her communication and interpersonal skills, establishing strong rapport with clients and colleagues alike. She takes great pride in delivering exceptional service, consistently exceeding expectations, and ensuring client satisfaction.
Outside of her professional pursuits, Mrs. Zoecklein finds immense joy in the company of her loving spouse and three children. She believes that family forms the cornerstone of a fulfilling life and embraces opportunities to create lasting memories with them. Whether it’s embarking on adventurous outings, engaging in creative endeavors, or simply relishing quality time at home.
With a perfect blend of professional dedication and family-centered values Mrs. Zoecklein embodies a well-rounded and driven individual, whose commitment to excellence extends to both her career and the cherished relationships that enrich her life.
Meet Your Team
Brice Zoecklein
Mr. Zoecklein’s primary focus centers on Probate and Plaintiff’s Civil Litigation. His esteemed team is actively handling cases across the State of Florida in the areas of probate administration, estate litigation, insurance claims, and business law. Hailing from Blacksburg, Virginia, he graduated cum laude from Virginia Tech with a degree in business management, successfully running multiple franchises in Virginia and North Carolina during his time there. Pursuing higher education, Mr. Zoecklein earned his juris doctorate degree cum laude, along with a Masters in Business Administration, from Stetson University College of Law, where he notably represented the university in numerous national and international legal academic competitions. A highlight of his law school journey was winning a National Moot Court competition for Stetson, displaying his exceptional legal acumen. During his time at Stetson, Brice also contributed to the Center for Advocacy of Elder Law and interned at the U.S. Attorney’s Office for the Middle District of Florida. Following graduation, he embarked on a career with a prominent insurance defense firm, but his passion for Plaintiff advocacy and consumer justice led him to dedicate his legal pursuits exclusively to the representation of consumer rights. Apart from his professional endeavors, Mr. Zoecklein treasures quality time with his wife and three children. Through his unwavering pursuit of justice, both inside and outside the courtroom, Brice Zoecklein exemplifies the essence of a compassionate advocate and a reputable professional, dedicated to upholding the values of integrity, empathy, and fairness in all aspects of his life.
Florida law contains a number of provisions and protections for debtors who are subject to judgments. First off, Judgement creditors can be fit into two separate categories, those who have a secured interest in your property (like a bank or a car lender) and those who have no secured interest, called an unsecured creditor. A creditor that obtains a judgment against you is a “judgment creditor.” Judgment creditors can perfect their interests and recover judgments for periods extending up to 20 years if done properly. The process of collecting judgments is referred to as discovery in aid of execution. After a final judgment is entered the Court will retain jurisdiction and the Judgment Creditor will be entitled to use the Court’s power to obtain discovery regarding the financial assets of the debtor through written requests and or depositions. Ultimately, if property or assets are discovered that are not subject to Florida’s debtor protections, they will be subject to seizure an auctioned. Additionally, many creditors will attempt to move for a continuing writ of garnishment which can require an employer to subtract funds from a paycheck.