Florida - Aid Of Execution Help !!!

STATE of FLORIDA.
I have a Small Claims Court's Judgment for $5,000 and because the defendant didn't pay me, I asked the Court for an Aid in Execution. The defendant stated in financial information sheet that he made no any money at all and his mother supports him. This is not truth, of course. He owns few companies in real estate. I know that he made lot of money from his business activities, so I requested production of documents such as bank statements, closing statements e.t.c.. The court issued an order for production of those documents and he failed to do it. The defendants also oposed to my motion for production of documents from non-parties, such as bank and closing company.
My questions are:
1. What I have to do to force the defendant to produce requested financial and business document concerning his business activiteis and to prove that he lied in his notarized financial statement (file motion for contempt of Court or motion to show cause or else) ?
2. What I have to do to get those documents from non-parties beside his oposition for production, without a deposition which is to expensive (file a motion for hearing and testimony of witnesses and a motion for a perjury) ?
P.S. The bank sent me already requested documents but I think that I can not use it in the Court because the oposition from a defendant.
He is a crook with clever lawyer.
Thanks in advance for your help. Best regards.
state? FLORIDA

I’m confused. Do you want to punish him or collect your judgment?

You sought production from third-parties, he opposed it, the court ordered it and the bank has already complied. Why not just use the information? Why are you going back to court on that?

You sought production from him and he failed to comply and opposed the production. It’s not clear to me where that has come out, but it seems likely that the court would again order production (if it hasn’t already) and hold him in contempt for a failure to comply (if it hasn’t already).

FL Small Claims can incorporate into SC proceedings any of its General Rules of Civil Procedure at the court’s discretion. So you potentially have all those tools to work with. You have judgment and financial information and a means to get more, if needed. Why be more concerned about what he did or didn’t say in his statement?

Florida - Aid of Execution

I have an order to produce by him, not from non-parties.
He did not produced. The 45 days expired few days ago. What can I do ? File a motion for contempt or a motion to show cause ?

Aid of Execution

RULE 1.351. PRODUCTION OF DOCUMENTS AND THINGS WITHOUT DEPOSITION
(a) Request; Scope. A party may seek inspection and copying of any documents or things within the scope of
rule 1.350(a) from a person who is not a party by issuance of a subpoena directing the production of the documents
or things when the requesting party does not seek to depose the custodian or other person in possession of the
documents or things.
(b) Procedure. A party desiring production under this rule shall serve notice on every other party of the intent to
serve a subpoena under this rule at least 10 days before the subpoena is issued if service is by delivery and 15 days
before the subpoena is issued if the service is by mail. The proposed subpoena shall be attached to the notice and
shall state the time, place, and method for production of the documents or things, and the name and address of the
person who is to produce the documents or things, if known, and if not known, a general description sufficient to
identify the person or the particular class or group to which the person belongs; shall include a designation of the
items to be produced; and shall state that the person who will be asked to produce the documents or things has the
right to object to the production under this rule and that the person will not be required to surrender the documents or
things. A copy of the notice and proposed subpoena shall not be furnished to the person upon whom the subpoena is
to be served. If any party serves an objection to production under this rule within 10 days of service of the notice, the
documents or things shall not be produced under this rule and relief may be obtained pursuant to rule 1.310.
(c) Subpoena. If no objection is made by a party under subdivision (b), an attorney of record in the action may
issue a subpoena or the party desiring production shall deliver to the clerk for issuance a subpoena together with a
certificate of counsel or pro se party that no timely objection has been received from any party, and the clerk shall
issue the subpoena and deliver it to the party desiring production. The subpoena shall be identical to the copy
attached to the notice and shall specify that no testimony may be taken and shall require only production of the documents
or things specified in it. The subpoena may give the recipient an option to deliver or mail legible copies of the
documents or things to the party serving the subpoena. The person upon whom the subpoena is served may condition
the preparation of copies on the payment in advance of the reasonable costs of preparing the copies. The subpoena
shall require production only in the county of the residence of the custodian or other person in possession of the
documents or things or in the county where the documents or things are located or where the custodian or person in
possession usually conducts business. If the person upon whom the subpoena is served objects at any time before the
production of the documents or things, the documents or things shall not be produced under this rule, and relief may
be obtained pursuant to rule 1.310.
(d) No Hearing. There shall be no hearing on any objection to production under this rule. Relief may be obtained
pursuant to rule 1.310.
(e) Copies Furnished. If the subpoena is complied with by delivery or mailing of copies as provided in
subdivision (c), the party receiving the copies shall furnish a legible copy of each item furnished to any other party
who requests it upon the payment of the reasonable cost of preparing the copies.
(f) Independent Action. This rule does not affect the right of any party to bring an independent action for
production of documents and things or permission to enter upon land.

Ok, I may be beginning to get this and think it would be a motion to show cause why the defendant should not be held in contempt and compelled to produce. (I am honestly making a “best guess”, and you can guess on your own or somebody from FL can chime in.)

FL is not my state and, at the risk of offending everyone in the extreme Southeast, the Rules of Civil Procedure have always seemed a little . . . .skimpy, compared to what I am accustomed to in some other states. You said that you got a Small Claims judgment. FL has its own SC Rules, beginning at Rule 7.010 et seq. I acknowledged that they permitted incorporation of the General Rules at the court’s discretion, and you’ve posted a General Rule that pertains to pre-trial discovery, to the best of my knowledge.

I am assuming that this was the basis for the order compelling production, or you would not have posted it. Rule 1.380 provides for sanctions for disobedience of an Order to Compel Compliance with Rule 1.351, and it doesn’t specifically provide for either a “Motion for Contempt” or a Motion to Show Cause (actually, I think that combining the two concepts in the manner suggested would be the proper approach). The relevant portion of the Rule reads as follows:
RULE 1.380. FAILURE TO MAKE DISCOVERY; SANCTIONS

(d) Failure of Party to Attend at Own Deposition or Serve Answers to Interrogatories or Respond to
Request for Inspection. If a party or an officer, director, or managing agent of a party or a person designated under rule 1.310(b)(6) or 1.320(a) to testify on behalf of a party fails (1) to appear before the officer who is to take the deposition after being served with a proper notice, (2) to serve answers or objections to interrogatories submitted under rule 1.340 after proper service of the interrogatories, or (3) to serve a written response to a request for inspection submitted under rule 1.350 after proper service of the request, the court in which the action is pending may take any action authorized under paragraphs (A), (B), and (C) of subdivision (b)(2) of this rule. Any motion specifying a failure under clause (2) or (3) of this subdivision shall include a certification that the movant, in good faith, has conferred or attempted to confer with the party failing to answer or respond in an effort to obtain such answer or response without court action. Instead of any order or in addition to it, the court shall require the party failing to act to pay the reasonable expenses caused by the failure, which may include attorneys’ fees, unless the court finds that the failure was justified or that other circumstances make an award of expenses unjust. The failure to act described in this subdivision may not be excused on the ground that the discovery sought is objectionable unless the party failing to act has applied for a protective order as provided by rule 1.280(c).

At this point, I’m going to set a precedent for myself and bow out, because I can’t figure out what has been going on in your case. I hope someone with more insight can help you further.

Aid of Execution

"PLAINTIFF’S MOTION TO ENTER AN ORDER OF CONTEMPT DIRECTING TO XXXXXXXXX

I, the Plaintiff, XXXXXXXXXXX, Pro Se, respectfully requests that this Honorable Court enters an Order adjudging, the Defendant, XXXXXXXXXX in contempt of the Court for violation of the terms of an ORDER ON DEFENDANT’S MOTION FOR EXTENSION OF TIME IN WHICH TO COMPLY WITH COURT’S ORDER TO PRODUCE entered by this Court on OCTOBER 23, 2007, by failing to comply with Court’s Order to produce (45 days) in conjunction with an ORDER TO PRODUCE entered by this Court on SEPTEMBER 27, 2007, by failing to comply with Court’s Order compelling the production of documents (30 days) in the Aid of Execution.
Wherefore, I respectfully request that this Honorable Court enter its Order in the above styled cause."

Dcatz, thank you very much for your help and expertize. Is above motion acceptable for the Court ? So far you are good and you are on a target. Sorry for not so good presentation of my problem. I'll try to be better because I have a few more questions for you., if you don't mined. I'll try to present my case in few paragraphs or sentences.
Appreciations and regards.

Aid of Execution

Short description of my case:
1. I opened this case in September 2005 in SC Court for $4000. The crookie broker skrewed me up and he didn't pay me for a business deal. I sued him personally and his company. In the mean time he disolved this company in 2006 and established few others for crookie flexibility. He didn't pay to everybody. He has about 10 other lawsuits. In October of 2006 he made a big deal and made around $400,000 or so. I find his business partner who disclosed it to me without any desire to be invilved in it. So I knew that he had the money.

2 I get a final Judgment in my favor in July 2006 but a Judge made a mistake with the amount of judgment and I filed for reconsideration and I won this one too. I get my final ammended Judgment in January 2007. His clever lawyer played all the way a postponment game to wear me out.

3. I re-opened the case in February 2007 as an Aid of Execution because he failed to pay me, he failed to comply with a Judgment.

4. I requested financial status info from him in March 2007. The compelled his financial disclosure. He didn't comply. So in July, 2007 I filed a first motion for contempt for failing to comply with discovery.
The Court issued a Show Cause Order in July 2007. This time he comply. He lied in this financial disclosure that he don't make any money, he doesn't have any mpney and his mother supports him and his family all the way. of course it was a bunch of crap.

5. So in September 2007 I filed a motion to compel the production of all financial and business documents from all his and his companies' bank accounts and all closing statements from closing company he used for this period.
The Court issued an Order to Produce few days later.

6. In October 2007 I also filed with the Clerk of Court a Notice of Production from Nonparty and Subpoenas Duces Tecum without Deposition (I sent it out to all parties as a proposition without signature of the Clerk of Court). He objected to it so I didn't proceeded with the Subpoenas for production without deposition from nonpatties. That is the rule in Florida.
But one nonparty a bank sent me requested in a proposal all bank statements for all his business accounts without any action from my side. I have no idea why the bank provide these documents without real subpoena (with signature of a Clerk of Court).
This is a big question for me and for you too. Can I use this copies of financial transaction from the bank in the Court (keeo in your nind his objection for production from nonparty) and file a motion for perjury becaue his false financial disclosure about his financial status ?

7. In November I filed a motion for hearing in aid of execution for a testimony and the production from the nonparty witnesses (mention bank manager and a president of a closing company) and a hearing was granted (a Court date in January 2008). This one also is a question mark to me. Is this correct move ?.

8. In December 2007 I filed a motion for contempt of the Court for failing to produce and failing to comply with a Court's order. I have no responce from Court so far. I'm still waiting.

Finally my questions are:
1. What to do next ?
2. Can I send a subpoena duces tecum to nonparties for testimony (as witnesses) and production before the Court at a hearing in aid of execution? (because defendant's objection to produce without deposition)
3. Can I use financial documents, received from the bank without legal subpoena from the Clerk, before the Court to prove that he lied about his financial status.
Is it legal and does not matter how I get it. (only my notice of intention and unsigned subpoena)
4. What is the meaning of this paragraf in Florida Civil Rules about subpoena for production withot depositin :
"(f) Independent Action. This rule does not affect the right of any party to bring an independent action for
production of documents and things or permission to enter upon land."

So if you can give me some advice what to do next and your thoughts about my strategy in the past to be succesfull and collect the money from this slicky crook.
Thanks in advance and sorry for any imperfections in my writing
P.S. I agree 100% with you that Florida justice is a paradise for crooks.

Can Anyone Help Me With Advice !!!

1. State of FLORIDA
2. Can I send a subpoena duces tecum to nonparties for testimony (as witnesses) and production before the Court at a hearing in aid of execution? (because defendant's objection to produce without deposition)
3. Can I use financial documents, received from the bank without legal subpoena from the Clerk, before the Court to prove that he lied about his financial status.
Is it legal and is admissable in Court or does not matter how I get it to prove my case ? (only my notice of intention and unsigned subpoena)
4. What is the meaning of this paragraf in Florida Civil Rules about subpoena for production withot depositin :
"(f) Independent Action. This rule does not affect the right of any party to bring an independent action for production of documents and things or permission to enter upon land."

Can anyone help me in my case because I don't know what to do, please !!!
Thanks in advance and any help woll be greatly appreciate.
Best regards.
My state: FLORIDA

Production of Documents

2] You could try it.
3a] If he has previously objected to your subpoena duces tecum...no.
3b] It would probably be considered inadmissible if he objected and you failed to set a hearing on the objection to the production.
4] Without deposition means what it means, you desire and want production w/o deposing the non-party.
5] Don't understand your last question, need clarification.
Fla. R. Civ. P. 1.351 has recently[1-08] been amended to allow parties requesting documents under this rule to a non-party, the option to set a hearing on any objections to your request for production. Whereas previously you had to resort to the deposition, which didn't make any sense and the reason for the change. It appears from your posts that you were okay up until you mailed the notice of production to the non-party bank, before the subpoena was actually signed by the Clerk. The Notice of Production goes to the parties to the action...not the non-party bank. The proper way as it explains in the rule you quoted previously in this thread, is to wait for a objection on the notice of production from the [parties], and if they do object you have to set a hearing on the objection and hash it out in the court and if the court then rules that you are entitled to the production, then you mail the subpoena to the bank. Surprised they mailed you any documents with the objection.
Appears your up to speed with the contempt motion. I presume you got it from the Fla. R.Civ.P. book where there are forms for use with the Rules, if not Form 1.982 Contempt Notice might assist.

Obviously it is to late for the original poster. So my post here is for future references.
2] You could try it.
3a] If he has previously objected to your subpoena duces tecum...no.
3b] It would probably be considered inadmissible if he objected and you failed to set a hearing on the objection to the production.
4] Without deposition means what it means, you desire and want production w/o deposing the non-party.
5] Don't understand this last question.
Fla. R. Civ. P. 1.351 has recently[1-08] been amended to allow parties requesting documents under this rule to a non-party, the option to set a hearing on any objections to your request for production. Whereas previously you had to resort to the deposition, which didn't make any sense and the reason for the change. It appears from this OP posts that she was okay up until she mailed the notice of production to the non-party bank, before the subpoena was actually signed by the Clerk. The Notice of Production goes to the parties to the action...not the non-party bank. The proper way as it explains in the rule you quoted previously in this thread, is to wait for a objection on the notice of production from the [parties], and if they do object you have to set a hearing on the objection and hash it out in the court and if the court then rules that you are entitled to the production, you will then get a court order to mail along with the subpoena to the bank. Surprised they mailed you any documents with the objection.
Appears the contempt motion is up to speed. I presume the OP got it from the Fla. R.Civ.P. book where there are forms for use with the Rules, if not Form 1.982 Contempt Notice might assist.