Florida Statute 56.29 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 56
FINAL PROCESS

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F.S. 56.29

56.29 Proceedings supplementary.—

(1) When any judgment creditor holds an unsatisfied judgment or judgment lien obtained under chapter 55, the judgment creditor may file a motion and an affidavit so stating, identifying, if applicable, the issuing court, the case number, and the unsatisfied amount of the judgment or judgment lien, including accrued costs and interest, and stating that the execution is valid and outstanding, and thereupon the judgment creditor is entitled to these proceedings supplementary to execution.

(2) The judgment creditor shall, in the motion described in subsection (1) or in a supplemental affidavit, describe any property of the judgment debtor not exempt from execution in the hands of any person or any property, debt, or other obligation due to the judgment debtor which may be applied toward the satisfaction of the judgment. Upon filing of the motion and affidavits that property of the judgment debtor, or any debt, or other obligation due to the judgment debtor in the custody or control of any other person may be applied to satisfy the judgment, then the court shall issue a Notice to Appear. The Notice to Appear shall direct such person to file an affidavit, as provided in s. 56.16, with the court by a date certain, which date shall not be less than 7 business days from the date of service of the Notice to Appear, stating why the property, debt, or other obligation should not be applied to satisfy the judgment. For good cause shown, the court may shorten the time for serving an affidavit. The Notice to Appear must describe with reasonable particularity the property, debt, or other obligation that may be available to satisfy the judgment, must provide such person with the opportunity to present defenses, and must indicate that discovery as provided under the rules of civil procedure is available and that there is a right to a jury trial as provided in s. 56.18. The Notice to Appear must be served as provided for in chapter 48. A responding affidavit must raise any fact or defense opposing application of the property described in the Notice to Appear to satisfy the judgment, including legal defenses, such as lack of personal jurisdiction. Legal defenses need not be filed under oath but must be served contemporaneously with the affidavit.

(3)(a) When, within 1 year before the service of process on the judgment debtor in the original proceeding or action, the judgment debtor has had title to, or paid the purchase price of, any personal property to which the judgment debtor’s spouse, any relative, or any person on confidential terms with the judgment debtor claims title and right of possession, the judgment debtor has the burden of proof to establish that such transfer or gift was not made to delay, hinder, or defraud creditors.

(b) When any gift, transfer, assignment or other conveyance of personal property has been made or contrived by the judgment debtor to delay, hinder, or defraud creditors, the court shall order the gift, transfer, assignment or other conveyance to be void and direct the sheriff to take the property to satisfy the execution. This does not authorize seizure of property exempted from levy and sale under execution or property which has passed to a bona fide purchaser for value and without notice. Any person aggrieved by the levy or Notice to Appear may proceed under ss. 56.16-56.20.

(4) At any time the court may refer the proceeding to a general or special magistrate who may be directed to report findings of law or fact, or both. The general or special magistrate has all the powers thereof, including the power to issue subpoena, and shall be paid the fees provided by the court.

(5) A party or a witness examined under these provisions is not excused from answering a question on the ground that the answer will tend to show him or her guilty of the commission of a fraud, or prove that he or she has been a party or privy to, or knowing of a conveyance, assignment, transfer, or other disposition of property for any purpose, or that the party or witness or another person claims to have title as against the judgment debtor or to hold property derived from or through the judgment debtor, or to be discharged from the payment of a debt which was due to the judgment debtor or to a person on behalf of the judgment debtor. An answer cannot be used as evidence against the person so answering in any criminal proceeding.

(6)(a) The court may order any property of the judgment debtor not exempt from execution or any property, debt, or other obligation due to the judgment debtor, in the hands of or under the control of any person subject to the Notice to Appear, to be levied upon and applied toward the satisfaction of the judgment debt. The court may enter any orders, judgments, or writs required to carry out the purpose of this section, including those orders necessary or proper to subject property or property rights of any judgment debtor to execution, and including entry of money judgments as provided in ss. 56.16-56.19 against any person to whom a Notice to Appear has been directed and over whom the court obtained personal jurisdiction irrespective of whether such person has retained the property, subject to applicable principles of equity, and in accordance with chapters 76 and 77 and all applicable rules of civil procedure. Sections 56.16-56.20 apply to any order issued under this subsection.

(b) If the personal property of the judgment debtor includes a motor vehicle or vessel that is nonexempt to any extent from execution and for which a Florida certificate of title has been issued, upon presentation of a copy of a valid judgment lien certificate acquired under s. 55.202, the court must order the Department of Highway Safety and Motor Vehicles to note the liens of the judgment creditor on the certificate of title and in the records of the department.

(7) Any person failing to obey any order issued under this section by a judge or general or special magistrate or failing to attend in response to a subpoena served on him or her may be held in contempt.

(8) Costs for proceedings supplementary shall be taxed against the judgment debtor as well as all other incidental costs determined to be reasonable and just by the court including, but not limited to, docketing the execution, sheriff’s service fees, and court reporter’s fees. Reasonable attorney fees may be taxed against the judgment debtor.

(9) The court may entertain claims concerning the judgment debtor’s assets brought under chapter 726 and enter any order or judgment, including a money judgment against any initial or subsequent transferee, in connection therewith, irrespective of whether the transferee has retained the property. Claims under chapter 726 brought under this section shall be initiated by a supplemental complaint and served as provided by the rules of civil procedure, and the claims under the supplemental complaint are subject to chapter 726 and the rules of civil procedure. The clerk of the court shall docket a supplemental proceeding under the same case number assigned to the original complaint filed by the judgment creditor or the case number assigned to a judgment domesticated pursuant to ¹s. 55.01, shall assign a separate supplemental proceeding number, and shall assign such supplemental proceeding to the same division and judge assigned to the main case or domesticated judgment.

History.—ss. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, ch. 7842, 1919; CGL 4540-4549; s. 1, ch. 63-144; s. 11, ch. 67-254; s. 1, ch. 72-12; s. 13, ch. 73-334; s. 12, ch. 87-145; s. 309, ch. 95-147; s. 20, ch. 2000-258; s. 53, ch. 2004-11; s. 12, ch. 2005-241; s. 17, ch. 2014-182; s. 18, ch. 2016-33; s. 6, ch. 2023-300.

¹Note.—Section 55.01 relates to general requirements for judgment forms; ss. 55.501-55.509 comprise the Florida Enforcement of Foreign Judgments Act.

Note.—Former ss. 55.52-55.611.

F.S. 56.29 on Google Scholar

F.S. 56.29 on Casetext

Amendments to 56.29

Arrestable Offenses / Crimes under Fla. Stat. 56.29

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 56.29.

Annotations, Discussions, Cases:

Cases Citing Statute 56.29

Total Results: 20

ZAHAV REFI, LLC, ZAHAV FLORIDA, LLC, ZAHAV REFI I I, LLC, SP POOL 7 ZAHAV FL, LLC, BOG TWELVE ZAHAV FL, LLC, AND POOL7 ZAHAV FLORIDA, LLC v. WHITE HAWK ASSET MANAGEMENT, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2023-12-27T00:00:00-08:00

Snippet: receivership cases are more commonly found under section 56.29, Florida Statutes, in proceedings supplementary

ADWEISS LLLP, etc. v. JOHN A. DAUM

Court: Fla. Dist. Ct. App. | Date Filed: 2023-07-26T00:00:00-07:00

Snippet: proceedings supplementary brought pursuant to section 56.29 of the Florida Statutes, appellants Adweiss LLLP

SARA ROSENBERG, etc. v. U.S. BANK, N.A.

Court: Fla. Dist. Ct. App. | Date Filed: 2023-05-03T00:53:00-07:00

Snippet: statute of repose (under a combination of 56.29(2), 56.29(3), and 56.29(6)).” Id. at 492 (emphasis added). …Florida; compare § 56.29(3)(a) & (b) (2022), § 56.29(3)(a) & (b) (2016), with § 56.29(6)(a) & (…were numbered subsection 56.29(6). Compare 56.29(3)(a) & (b) (2022), with 56.29(6)(a) & (b) (2012…fraudulent transfer under subsections 56.29(3) and 56.29(6). D. 56.29(3) reaches choses in action and…contrary to the plain text of section 56.29. B. Subsection 56.29(3)’s statute of limitations extends

ROSE RENDA, individually, and as Personal Representative of the ESTATE OF GUISEPPE RENDA v. JOSEPH PRICE

Court: Fla. Dist. Ct. App. | Date Filed: 2022-07-27T00:53:00-07:00

Snippet: commence proceedings supplementary pursuant to section 56.29, Florida Statutes (2018), to collect on it. Price…Act (“FUTA”) under both chapter 726 and section 56.29. Even though Price claimed he was only “seeking …because Price initiated the proceedings under section 56.29 and not chapter 726, it could not enter a money

THE AVAEL LAW FIRM, PLLC v. SARINA SECHRIST

Court: Fla. Dist. Ct. App. | Date Filed: 2022-07-13T00:53:00-07:00

Snippet: Cure, Cristina Serrano and Eva Bryant. 2 See § 56.29, Fla. Stat. (2019). … part, that service did not comply with section 56.29 of the Florida Statutes. On October 13, 2020, the…again, that service did not comply with section 56.29. In addition, the vacatur motion argued that the

Young Bock Shim v. Frederick F. Buechel, etc.

Court: Fla. | Date Filed: 2022-05-26T00:53:00-07:00

Snippet: to act on foreign property pursuant to section 56.29(6), Florida Statutes (2021), and disapprove Sargeant…broad discretion granted to courts under section 56.29(6). Id. at 3-4. The trial court disagreed, reasoning…Weekly at D266. The court explained that section 56.29(6) plainly authorizes a trial court to “order a… execution of monetary judgments under section 56.29(6), which provides: The court may order…any order issued under this subsection. § 56.29(6), Fla. Stat. (2021). Citing policy concerns

ADA TURKISH TRASK 2005 TRUST NUMBER ONE, etc. v. ELLEN TURKISH

Court: Fla. Dist. Ct. App. | Date Filed: 2022-05-04T00:53:00-07:00

Snippet: 726.110 apply to proceedings supplementary. See § 56.29(9), Fla. Stat. (2021) (“Claims under chapter 726

VERONICA ROSS-WILLIAMS, etc. v. LINDA LEALI, RECEIVER

Court: Fla. Dist. Ct. App. | Date Filed: 2022-04-27T00:53:00-07:00

Snippet: Casa Financial, pursuant to sections 56.10 and 56.29 of the Florida Statutes, filed a post-judgment …receivership is authorized by sections 56.10 and 56.29. While this receivership order gives the receiver…proceeding supplementary initiated pursuant to section 56.29. 4 Proceedings supplementary provide a judgment …state. § 56.10, Fla. Stat. (2021). 4 Section 56.29 describes the procedure for a judgment creditor

APOLLO TRUST v. BNP PARIBAS JERSEY TRUST CORPORATION LIMITED

Court: Fla. Dist. Ct. App. | Date Filed: 2022-02-01T23:53:00-08:00

Snippet: was void pursuant to section 56.29(6)(b), Florida Statutes. Section 56.29(6)(b), Florida Statutes, renders…issuing notices to appear in compliance with section 56.29(2), Florida Statutes. Apollo and United Trust filed…toward the satisfaction of the Jersey judgment. § 56.29(2), Fla. Stat. Apollo offers a novel read…defendant to delay, hinder or defraud creditors. §56.29(6)(b), Fla. Stat. Such alleged fraudulent transfers

JOHN G. MCGREGOR v. FOWLER WHITE BURNETT, P.A.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-11-30T23:53:00-08:00

Snippet: statute of repose (under a combination of 56.29(2), 56.29(3), and 56.29(6)).” (Emphasis omitted). In sum…2016 versions of section 56.29. Compare § 56.29(5), Fla. Stat. (2014), with § 56.29(9), Fla. Stat. (2016)…claims pursuant to sections 56.29(2), (3)(b), and (6), independent of section 56.29(9). According to the…section 56.29(6) expands the relief that may be afforded to a judgment creditor under section 56.29(3)(b)… section 56.29(9) impliedly excludes chapter 726 from the other subsections of section 56.29.

ZEEV SEGAL, etc. v. FORASTERO, INC., etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-06-02T00:53:00-07:00

Snippet: ’s performance of the agreement. 1 See § 56.29, Fla. Stat. (2018). …satisfy Forastero’s judgment against the LLC. See § 56.29(2), Fla. Stat. (2018). Segal complied and filed

FABRIZIO PUCCI AND FRANCA FELLI v. MAY-WONG CHOU, ESQ.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-04-21T00:53:00-07:00

Snippet: Section 56.29, Florida Statutes (2020), governs proceedings supplementary. Section 56.29(1) sets forth…and the existence of an unsatisfied execution. § 56.29(1), Fla. Stat. The same applies when third parties…issue a Notice to Appear” as set forth in section 56.29(2). Because Appellants did not comply with

ALVARO GORRIN RAMOS v. MISSISSIPPI REAL ESTATE DISPOSITIONS LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2021-01-12T23:53:00-08:00

Snippet: to exercise its equitable powers under section 56.29(6) …Agreement.” The trial court, in reliance upon section 56.29(6), ordered Sunstate to remit to Mississippi the…subject to applicable principles of equity . . . .” § 56.29(6), Fla. Stat. (2019). 4 The Merger Agreement established…creditor Mississippi under the auspices of section 56.29, the trial court contravened the express limitations… Mississippi counters by asserting that section 56.29 vests the trial court with broad equitable powers

UOWEIT, LLC v. THOMAS W. FLEMING, ROBIN FLEMING and CARLTON FIELDS JORDEN BURT, P.A.

Court: Fla. Dist. Ct. App. | Date Filed: 2020-07-22T00:53:00-07:00

Snippet: inapplicable to proceedings supplementary under section 56.29, Florida Statutes (2018). We disagree and affirm…McKenzie, 46 So. 2d 184, 185 (Fla. 1950)). Section 56.29 governs a proceeding supplementary, but the statute…. Courts characterize proceedings under section 56.29 as “post-judgment proceedings that permit a creditor…UFTA did not apply to proceedings under section 56.29. Biel Reo, LLC, 156 So. 3d at 507–08. The court …those claims “[did] not comport with the text of § 56.29, or with the cases construing it.” Id. at 510.

Lb Judgment Holdings v. Boschetti

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-13T00:53:00-07:00

Snippet: proceedings supplementary is authorized by section 56.29, Florida Statutes (2017). In Longo v. Associated…the current statutory scheme set forth in section 56.29(2) is well- suited to fraudulent transfer cases…liability, the description requirement of section 56.29(2) is satisfied if the judgment creditor describes… Subject to the requirements of sections 56.29 and chapter 726, Florida Statutes, LB Judgment …when the jurisdictional requirements of section 56.29 have been met (as here), the statute is to be given

American Shuttle v. Zilber

Court: Fla. Dist. Ct. App. | Date Filed: 2018-10-31T00:53:00-07:00

Snippet: three impleaded party defendants under section 56.29, Florida Statutes (2018). Contained in the notice

Nieto Villamizar v. Luna Capital Partners

Court: Fla. Dist. Ct. App. | Date Filed: 2018-10-24T00:53:00-07:00

Snippet: applied toward the satisfaction of the judgment.” § 56.29(1), Fla. Stat. (2017). When Mr. Nieto filed his

Nieto Villamizar v. Luna Capital Partners

Court: Fla. Dist. Ct. App. | Date Filed: 2018-10-24T00:53:00-07:00

Snippet: applied toward the satisfaction of the judgment.” § 56.29(1), Fla. Stat. (2017). When Mr. Nieto filed his

JAMES J. GIBSON & DR. LORI G. GIBSON v. WACHOVIA BANK

Court: Fla. Dist. Ct. App. | Date Filed: 2018-07-13T00:00:00-07:00

Citation: 255 So. 3d 944

Snippet: sought proceedings supplementary under section 56.29, Florida Statutes (2014), and moved to implead Dr

RICHARD B. WEBBER, II v. THOMAS B. D'AGOSTINO

Court: Fla. Dist. Ct. App. | Date Filed: 2018-07-05T00:53:00-07:00

Snippet: section 57.115, Florida Statutes; and (3) section 56.29, Florida Statutes. On August 4, 2017, the trial…entitled to attorney’s fees and costs under section 56.29, Florida Statutes. The lender does not respond to