A Florida Post Judgment Motion For Expert Hearing In Aid of Execution is a legal motion filed by a creditor, or person to whom money is owed, in order to obtain an immediate court order to collect on a judgment. This motion requests an expert hearing (meaning a hearing with only one side present) to persuade a judge to issue an order to assist in the collection of the judgment. Generally, the creditor is requesting the court to order a garnishment of wages or other property from the debtor, or to order the debtor to appear in court and explain why the judgment should not be paid. There are two primary types of Florida Post Judgment Motion For Expert Hearing In Aid of Execution: a wage garnishment motion and a contempt motion. The wage garnishment motion requests that the court order the debtor’s employer to deduct a portion of the debtor’s wages each month and pay it to the creditor in satisfaction of the judgment. The contempt motion requests the court to order the debtor to appear in court to explain why the judgment should not be paid. If the debtor fails to appear in court, the judge may find the debtor in contempt and issue a warrant for the debtor’s arrest.
Florida Post Judgment Motion For Ex-Parte Hearing In Aid of Execution
Description Motion Hearing
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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.
A request for production (RFP) is a written discovery request used to obtain relevant nonprivileged documents, tangible things, or electronically stored information (ESI) from any party to a case.
By Practical Law Litigation. A sample request for the production of documents (RFP) that a judgment creditor can use to request the production or inspection of documents from a judgment debtor in post-judgment enforcement proceedings.
Tips to Win an Ex Parte Hearing: Submit a comprehensive and clear ex parte application.Find out 2-3 foolproof reasons why the order should be in your favor (depending on the cause of action).If the other party is harassing you or forcing you, provide the court with the records.Be prepared for a full hearing.
Discovery in aid of execution in Florida refers to the legal process by which a judgment creditor finds (discovers) debtor assets that may be subject to collection of a money judgment. The principal discovery tools include requests to produce documents, written answers to interrogatories, and depositions under oath.
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 debtor's assets and property that may be available for execution on the judgment.
Discovery in aid of execution in Florida refers to the legal process by which a judgment creditor finds (discovers) debtor assets that may be subject to collection of a money judgment. The principal discovery tools include requests to produce documents, written answers to interrogatories, and depositions under oath.
A sample request for the production of documents (RFP) that a party in a Florida circuit court civil case may use to request the production or inspection of documents or other tangible items from another party.