(a) In General. In aid of a judgment, decree, or execution the judgment creditor or the successor in interest, when that interest appears of record, may obtain discovery from any person, including the judgment debtor, in the manner provided in these rules.
(b) Fact Information Sheet. In addition to any other discovery available to a judgment creditor under this rule, the court, at the request of the judgment creditor, shall order the judgment debtor or debtors to complete form 1.977, including all required attachments, within 45 days of the order or such other reasonable time as determined by the court. Failure to obey the order may be considered contempt of court.
(c) Final Judgment Enforcement Paragraph. In any final judgment, the judge shall include the following enforcement paragraph if requested by the prevailing party or attorney:
"It is further ordered and adjudged that the judgment debtor(s) shall complete under oath Florida Rule of Civil Procedure Form 1.977 (Fact Information Sheet), including all required attachments, and serve it on the judgment creditor's attorney, or the judgment creditor if the judgment creditor is not represented by an attorney, within 45 days from the date of this final judgment, unless the final judgment is satisfied or post-judgment discovery is stayed.
Jurisdiction of this case is retained to enter further orders that are proper to compel the judgment debtor(s) to complete form 1.977, including all required attachments, and serve it on the judgment creditor's attorney, or the judgment creditor if the judgment creditor is not represented by an attorney."
(d) Information Regarding Assets of Judgment Debtor's Spouse. In any final judgment, if requested by the judgment creditor, the court shall include the additional Spouse Related Portion of the fact information sheet upon a showing that a proper predicate exists for discovery of separate income and assets of the judgment debtor's spouse.
(e) Notice of Compliance. The judgment debtor shall file with the clerk of court a notice of compliance with the order to complete form 1.977, and serve a copy of the notice of compliance on the judgment creditor or the judgment creditor's attorney.
1 Case Citation(s)
Listed below are cases cited in the Florida Rules Decisions Reporter and other blog posts that reference Rule 1.560 Discovery in Aid of Execution.
In this appeal of a contempt Order, Naseer obtained a final judgment in a civil lawsuit in the amount of $530,000. Following entry of judgment, and at the request of Nasser, the Court entered an Order requiring Neiman to appear before a special magistrate for examination into his property and assets. . . Neiman then failed to appear for examination . . . Naseer then moved for a finding of contempt of court and presented evidence that Neiman had recently traveled outside of Panama and that he claimed a net worth in excess of $7 million. The Court granted the motion for contempt finding that Neiman willfully violated the Court's previous Order and imposed a $2,000 per day fine for each day Nasser failed to appear and ordered that a warrant be issued for Neiman's arrest. The Order provided that Neiman was to remain in jail until he appeared before the Court and "fully [paid] all fines and attorneys' fees and costs then accrued." . . .The Fourth DCA struck the incarceration provisions of the Order finding that an order requiring an individual to be incarcerated for contempt must state with particularity the exact amount that will purge the contempt and open the jail house doors. Citing Alves v. Barnett Mortgage Co., 688 So.2d 459 (Fla. 4th DCA 1997). Read More
If you have a blog and want to write about a case relevant to this Rule, the TrackBack URL for this page is:
http://reporter.floridacivpro.com/cgi-bin/mt-tb.cgi/150
Click here to learn about how to use Trackbacks with your blog.
Search the Florida Rules of Civil Procedure
Florida Rules Decisions Reporter
Brian Willis
Attorney Bio
Email Brian
Jason Baruch
Attorney Bio
Email Jason
Brian and Jason provide legal services to local, national and international clients with business and real estate related legal issues in the Tampa Bay area and across Florida. We always appreciate case referrals from our local and out of state readers. Please contact us at the links above.
