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What is discovery in aid of execution?

What is Discovery in Aid of Execution? Certain discovery procedures that are provided by law and which allow a judgment creditor to obtain information about the defendant judgment debtors assets and property that may be available for execution on the judgment.

What is a deposition in aid of execution in Florida?

What is a deposition in aid of execution? In lieu of interrogatories in aid of execution, the creditor can seek to depose the judgment debtor or its representative, if a corporation, in aid of execution. A subpoena must be served on the debtor showing the time, date, and place of the deposition.

Who can take a deposition in Florida?

After commencement of the action any party may take the testimony of any person, including a party, by deposition upon oral examination.

What is a motion for discovery in aid of execution in Florida?

Rule 1.560 - DISCOVERY IN AID OF EXECUTION (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.

What is a motion to compel fact information sheet in Florida?

If you are dishonest when providing information or fail to return the fact information sheet by the deadline, the creditor will take legal action against you. First, a creditor will file a motion to compel. This asks the court to order you to return the fact information sheet or provide additional information.

form 1 977 b fact information sheet

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What is deposition in aid of execution?

Another way to locate the property of a debtor is the. Deposition In Aid of Execution. A deposition is a method whereby is placed under oath and asked questions, before a court reporter or notary republic, about his assets.

What is the rule 1.560 in Florida?

1.560. Rule 1.560 - DISCOVERY IN AID OF EXECUTION (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.

What happens if I don t fill out fact information sheet Florida?

Simply deciding not to fill out and return the Fact Information Sheet is not an option. The judgment is a court order that directs the Fact Information Sheet to be completed. If it has not been completed and returned to the creditor within 45 days, the creditor can take legal action against you.

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