Florida Small Claims Rule 7.221
RULE 7.221. HEARING IN AID OF EXECUTION
(a) Use of Form 7.343. In any final judgment, the judge
shall include the Enforcement Paragraph of form 7.340 if requested
by the prevailing party or attorney. In addition to the forms of
discovery available to the judgment creditor under Florida Rule of
Civil Procedure 1.560, the judge, at the request of the judgment
creditor or the judgment creditor’s attorney, shall order a judgment
debtor to complete and serve form 7.343 within 45 days of the order
or other such reasonable time determined by the court. The
completed form must be served, with any copies, pursuant to
Florida Rule of General Practice and Judicial Administration 2.516.
If the judgment debtor fails to obey the order, Florida Rule of Civil
Procedure Form 1.982 may be used in conjunction with this
subdivision of this rule.
(b) Purpose of Hearing. The judge, at the request of the
judgment creditor, shall order a judgment debtor to appear at a
hearing in aid of execution at a time certain 45 or more days from
the date of entry of a judgment for the purpose of inquiring of the
judgment debtor under oath as to earnings, financial status, and
any assets available in excess of exemptions to be applied towards
satisfaction of judgment. The provisions of this subdivision of this
rule shall only apply to a judgment creditor who is a natural person
and was not represented by an attorney prior to judgment. Forms
7.342, 7.343, and 7.344 shall be used in connection with this
subdivision of this rule.
Committee Notes
1988 Amendment. Provides a procedure for postjudgment,
court-assisted discovery for natural person judgment creditors,
unrepresented by counsel prior to judgment.
1996 Amendment. The purpose of the change is to make
form 7.343 (Fact Information Sheet) available for use by both a
party and the party’s attorney, even though the hearing in aid of
execution is not available to the attorney. The rule will allow the
court to include the order as part of the final judgment or to issue
the order after the judgment. The court may adjust the time allowed
for the response to the Fact Information Sheet to fit the
circumstances.
(a) Use of Form 7.343. In any final judgment, the judge
shall include the Enforcement Paragraph of form 7.340 if requested
by the prevailing party or attorney. In addition to the forms of
discovery available to the judgment creditor under Florida Rule of
Civil Procedure 1.560, the judge, at the request of the judgment
creditor or the judgment creditor’s attorney, shall order a judgment
debtor to complete and serve form 7.343 within 45 days of the order
or other such reasonable time determined by the court. The
completed form must be served, with any copies, pursuant to
Florida Rule of General Practice and Judicial Administration 2.516.
If the judgment debtor fails to obey the order, Florida Rule of Civil
Procedure Form 1.982 may be used in conjunction with this
subdivision of this rule.
(b) Purpose of Hearing. The judge, at the request of the
judgment creditor, shall order a judgment debtor to appear at a
hearing in aid of execution at a time certain 45 or more days from
the date of entry of a judgment for the purpose of inquiring of the
judgment debtor under oath as to earnings, financial status, and
any assets available in excess of exemptions to be applied towards
satisfaction of judgment. The provisions of this subdivision of this
rule shall only apply to a judgment creditor who is a natural person
and was not represented by an attorney prior to judgment. Forms
7.342, 7.343, and 7.344 shall be used in connection with this
subdivision of this rule.
Committee Notes
1988 Amendment. Provides a procedure for postjudgment,
court-assisted discovery for natural person judgment creditors,
unrepresented by counsel prior to judgment.
1996 Amendment. The purpose of the change is to make
form 7.343 (Fact Information Sheet) available for use by both a
party and the party’s attorney, even though the hearing in aid of
execution is not available to the attorney. The rule will allow the
court to include the order as part of the final judgment or to issue
the order after the judgment. The court may adjust the time allowed
for the response to the Fact Information Sheet to fit the
circumstances.