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Protection of Wages Due Upon the Death of the Debtor under Florida Law

Miami Bankruptcy - Time and Money

Protection of Wages Due Upon the Death of the Debtor under Florida Law

Florida Wage Protection

The State of Florida is a jurisdiction where debtors are afforded many exemptions from levy upon their assets by their creditors. Amongst the exemptions are the wages or unemployment compensation payments due to a deceased employee. Under Florida law, those wages may be paid to the spouse or certain relatives, as opposed to the debtor’s creditors attempting to levy upon the payments.

 

According to Florida Statute § 222.15:
“It is lawful for any employer, in case of the death of an employee, to pay to the wife or husband, and in case there is no wife or husband, then to the child or children, provided the child or children are over the age of 18 years, and in case there is no child or children, then to the father or mother, any wages or travel expenses that may be due such employee at the time of his or her death.”

This section is particularly useful in cases in which a creditor attempts to garnish, for the net cash surrender value, a life insurance policy issued on the life of a judgment debtor. (Florida Supreme Court in West Florida Grocery Co. v. Teutonia Fire Insurance Company, 74 Fla. 220, 77 So. 209, 211, L.R.A.1918B, 968 (1918))

If you have any questions regarding debt collection matters, contact a Florida Bankruptcy Attorney at the Law Offices of Jeffrey Alan Aenlle, PA. Our number is 786.309.8588. The initial consultation is free of charge.