Hearing in Aid of Execution

[Herceg]

What is the name of your state? Florida

I won the Final Judgement after entry of default against Defendant. What happens if the Defendant again does not appear at a Hearing in Aid of Execution for the purpose to reveal his employment and sources of income.

 

[LdiJ]

What is the name of your state? Florida

I won the Final Judgement after entry of default against Defendant. What happens if the Defendant again does not appear at a Hearing in Aid of Execution for the purpose to reveal his employment and sources of income.

Unfortunately, winning a judgment against someone does not guarantee any cooperation from them in collecting from them. There is also little reason for them to cooperate for the most part. They cannot be jailed for non-cooperation and if they didn't pay you in the first place its probably because they have no means to do so.

Its basically up to you to figure out where they work so that you can garnish their pay, figure out where they bank (if they bank at all) so you can levy their bank account etc.

 

[Herceg]

Unfortunately, winning a judgment against someone does not guarantee any cooperation from them in collecting from them. There is also little reason for them to cooperate for the most part. They cannot be jailed for non-cooperation and if they didn't pay you in the first place its probably because they have no means to do so.

Its basically up to you to figure out where they work so that you can garnish their pay, figure out where they bank (if they bank at all) so you can levy their bank account etc.

Thank you!

 

[adjusterjack]

Unfortunately, Florida has the "head of the family" exemption to wage garnishment that makes it nearly impossible to collect from somebody with dependents.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0222/Sections/0222.11.html

 

[Litigator22]

Thank you!

Please do not accept as fact the unschooled response from LdiJ telling that your judgment debtor has "little reason to cooperate" because "he cannot be jailed for non-cooperation" in your post judgment proceedings in aid of execution.

It is totally absurd to think that he can ignore with impunity the order that he appear for purposes of examination under oath. (Florida Small Claims Court Rule 7.221(b)

Perhaps the following admonition from the court approved form of order granting motion in re contempt against defendant for failure to produce fact information sheet will enlighten you as to the court's ability to punish for disobedience of its orders issued in aid of execution.

"NOTICE TO DEFENDANT: FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN THE COURT ISSUING A WRIT OF BODILY ATTACHMENT FOR YOUR ARREST. IF YOU ARE ARRESTED, YOU MAY BE HELD IN JAIL UP TO 48 HOURS BEFORE A HEARING IS HELD." (Emphasis not added)

 

[LdiJ]

Please do not accept as fact the unschooled response from LdiJ telling that your judgment debtor has "little reason to cooperate" because "he cannot be jailed for non-cooperation" in your post judgment proceedings in aid of execution.

It is totally absurd to think that he can ignore with impunity the order that he appear for purposes of examination under oath. (Florida Small Claims Court Rule 7.221(b)

Perhaps the following admonition from the court approved form of order granting motion in re contempt against defendant for failure to produce fact information sheet will enlighten you as to the court's ability to punish for disobedience of its orders issued in aid of execution.

"NOTICE TO DEFENDANT: FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN THE COURT ISSUING A WRIT OF BODILY ATTACHMENT FOR YOUR ARREST. IF YOU ARE ARRESTED, YOU MAY BE HELD IN JAIL UP TO 48 HOURS BEFORE A HEARING IS HELD." (Emphasis not added)

Pound Sand. The response I gave is based on reality. We don't have debtor's prison in the US.

 

[Zigner]

Pound Sand. The response I gave is based on reality. We don't have debtor's prison in the US.

From your years of experience in Florida cases...?

Being held in jail for contempt of court is much different from a "debtor's prison".

 

[Litigator22]

Pound Sand. The response I gave is based on reality. We don't have debtor's prison in the US.

NO! That isn't "reality". It's a feeble, face-saving afterthought!

The real but sad truth is that your uneducated and haphazard guesswork is responsible for leading an apparently very naïve poster to erroneously believe that her quest is hopeless because the court is powerless to compel the attendance of her judgment debtor for a debtor's examination; that a civil court of law is incapable of imprisoning those being willfully defiant of and contemptuous of its lawful orders.

A notion that can be attested to as false by millionaires H. Beatty Chadwick and Martin A. Armstrong. (Chadwick - 14 years imprisonment for civil contempt of a Pennsylvania family court order. Armstrong - 7 years jailed for contempt of a federal court order to disclose assets.)

 

[adjusterjack]

Being held in jail for contempt of court is much different from a "debtor's prison".

So is rounding up deadbeat Dads who haven't paid child support, locking them up and setting bail at the amount of their arrears.

So, yeah, we do have a sort of "debtors' prison" in the US. It's just called something else.

 

[Zigner]

So is rounding up deadbeat Dads who haven't paid child support, locking them up and setting bail at the amount of their arrears.

So, yeah, we do have a sort of "debtors' prison" in the US. It's just called something else.

That doesn't apply in this thread.