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Florida Collection of Property Order

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stflax

Junior Member
Hello,

I was divorced in Florida, 13th Judicial Circuit. The Final Judgment orders Former Wife to pay Former Husband 403.37 on the 15th of each month for 60 months with the first payment to commence 6/15/09. Former Wife has made no payments. I filed a motion for Contempt, Enforcement and Sanctions that was directed to mediation then to a General Magistrate.

I went before General Magistrate yesterday and was shut down. Former Wife's attorney provided case law stating that Contempt is not permissible under Florida for equalizing payments in Equitable distribution. The Magistrate told me that I filed the wrong motion and that I needed to file the correct motion. However, the magistrate would not tell me what the correct motion was.

Does anyone know what the correct motion would be. Also, if I must collect this amount through ordinary creditor debtor law, what should I do and am I able to requests interrogatories and depositions in aid of execution of judgment to obtain information about Former Wife's address, employment, and domestic and foreign assets?

Thanks in advance for any information you may have.

Steven
 


Gracie3787

Senior Member
Hello,

I was divorced in Florida, 13th Judicial Circuit. The Final Judgment orders Former Wife to pay Former Husband 403.37 on the 15th of each month for 60 months with the first payment to commence 6/15/09. Former Wife has made no payments. I filed a motion for Contempt, Enforcement and Sanctions that was directed to mediation then to a General Magistrate.

I went before General Magistrate yesterday and was shut down. Former Wife's attorney provided case law stating that Contempt is not permissible under Florida for equalizing payments in Equitable distribution. The Magistrate told me that I filed the wrong motion and that I needed to file the correct motion. However, the magistrate would not tell me what the correct motion was.

Does anyone know what the correct motion would be. Also, if I must collect this amount through ordinary creditor debtor law, what should I do and am I able to requests interrogatories and depositions in aid of execution of judgment to obtain information about Former Wife's address, employment, and domestic and foreign assets?

Thanks in advance for any information you may have.

Steven
I've never heard of a situation like yours. Typically any court order for specific periodic payments is enforceable through a simple motion for contempt.

The magistrate might not have even known what kind of motion you'd need to file, but even if they did, legally they cannot tell you.

You should take a copy of your order denying the motion to a local attorney for a quick consult. You can get a 30 minute consult for $25 by calling the Florida Bar Lawyer Refferal Service at 1-800-342-8011 or on line at:

The Florida Bar's Online Lawyer Referral Service
 

stflax

Junior Member
Thanks for the reply.

Thanks for the reply. I am amazed that a simple contempt motion would not work under these circumstances. I have contacted the Florida Bar who referred me to the Hillsborough County Bar Association. Their charge for the 30 min. referral is $50 not $25...but still reasonable. I hope to find out how to go about enforcing the judgment Pro Se.

Do you know how I obtain interrogatories In Aid Of Execution of a Judgment in Florida?

Thanks,
Steve


I've never heard of a situation like yours. Typically any court order for specific periodic payments is enforceable through a simple motion for contempt.

The magistrate might not have even known what kind of motion you'd need to file, but even if they did, legally they cannot tell you.

You should take a copy of your order denying the motion to a local attorney for a quick consult. You can get a 30 minute consult for $25 by calling the Florida Bar Lawyer Refferal Service at 1-800-342-8011 or on line at:

The Florida Bar's Online Lawyer Referral Service
 

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