Preceeding SupplementaryDiscover what assets are up for collections
The first step in pursuit of judgment is to confirm the judgment creditor holds an unsatisfied judgment and/or judgment lien enforceable in Florida. This can be accomplished by conducing a docket search, public records search, judgement lien search and/or UCC search. Obtain a Writ of Execution (§56.21, Fla Stat.) from the clerk. File a motion and affidavit to initiate Proceedings Supplementary. The motion should include the name of the judgment creditor, a statement alleging the creditor is the holder of the judgment/lien, identify the court that issued the judgment including case number, the amount of the unsatisfied judgment/lien, a description of any non-exempt property and the identification of the person in possession, custody or control of the property. (§56.029(1)and (2), Fla Stat.) Next, the clerk will issue a Notice to Appear. (§56.29(2), Fla Stat.)
Keep in mind that the debtor has a right to examine. See Rule 1.560(a), Fla. R. Civ. P.
Writing a Complaint in Proceedings Supplementary is the next step in the process. This step can also be done by drafting a motion. Regardless of its form, the request for action by the Court is the opportunity to address a variety of issues including, but not limited to, fraudulent transfer, for example. Under fraudulent transfer alone, consideration must be given to address transfer to insiders, retention of possession, concealment of transfer, transfer of an entire estate, removal or concealment of assets, and the value of assets transferred.
Orders to Levy can come into play if the third party in possession of the debtor’s property does not contest ownership. After a final hearing on the creditor’s proceedings supplementary motion/complaint, the Court may order property to be levied, sold and applied toward satisfaction of the judgment.
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