Brandon, FL asked in Car Accidents for Florida

Q: If a wreck happened in FL where I can file a Head of Household to stop wage garnishment, can I move out of the state?

I was in a car accident 2 years ago in Tampa, FL. I rear-ended the car in front of me, and the car behind me hit me causing me to hit them again. The damage to the front car was split evenly between me and the back car. Everything was settled up except for a letter they sent my insurance about a reduced value claim ($21k). I haven't heard anything else about it. I know the limitations to bring a suit are 4 years, and in Florida I can file a Head of Household claim if they try to garnish wages to stop it. My question is, if I move out of state, can I still file head of household because the wreck happened in Florida, or should I make it a point to stay in Florida until the 4 years are up?

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: If you change your residence to another state, they can sue you in that other state. The statute of limitations may be longer there, so don't count on a 4-year SOL. Also, exemption statutes vary from state to state, so what you assume protects you from garnishment if you are head of household (providing the majority of support for one or more dependents), very possibly won't protect you there.

Charles M. Baron agrees with this answer

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