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.