Florida Post Judgment Discovery: Finding the Debtor's Assets

You can't collect what you can't find. Post-judgment discovery in Florida gives you legal tools to force a debtor to reveal what they own, where they work, and where their money is — so you can target the right enforcement method without wasting fees on blind shots.

Florida Rule of Civil Procedure 1.560 governs discovery in aid of execution and makes the full range of civil discovery tools available to judgment creditors.

The Fact Information Sheet (Your First Move)

The starting point for most creditors is Form 1.977 — the sworn Fact Information Sheet. Ask the court to order the debtor to complete it within 45 days. It covers bank accounts, employment, income, real estate, vehicles, and more, with mandatory supporting documents (pay stubs, bank statements, tax returns).

This is passive discovery — the debtor fills it out and sends it to you. But it requires the debtor to cooperate, which doesn't always happen.

Depositions in Aid of Execution

When the Fact Information Sheet isn't enough — or the debtor ignored it — you can subpoena the debtor (or third parties) to appear for a deposition in aid of execution. This is a formal examination under oath where you ask direct questions about the debtor's finances.

You can also depose third parties who may have relevant information: the debtor's business partner, accountant, or a bank officer. Third-party depositions require a subpoena.

Under Small Claims Rule 7.221, the court can schedule a Hearing in Aid of Execution where the debtor appears before a judge or magistrate. This is less formal than a full deposition but serves the same purpose — forcing the debtor to answer questions about their assets under oath and in the court's presence.

Subpoenas Duces Tecum

A subpoena duces tecum directs a person or institution to produce specific documents. In the judgment collection context, this is powerful:

• Banks: Produce account statements, transaction records, and current balances
• Employers: Produce payroll records, wage rate, and benefit information
• Accountants: Produce financial statements, tax filings, and asset schedules
• Business partners: Produce partnership or operating agreement terms, distribution records

The advantage over the Fact Information Sheet is that you get the records directly from the source, not filtered through the debtor's self-reporting.

Written Interrogatories and Requests for Production

Rule 1.560(a) authorizes the full suite of civil discovery tools. You can send written interrogatories (questions the debtor must answer in writing under oath) and requests for production of documents (requiring the debtor to hand over specific records).

These tools are slower than subpoenas but create a formal record. If the debtor's answers later prove false, you have grounds for sanctions.

Public Records Searches

You don't need a court order to check public databases. Smart creditors run these searches before or alongside formal discovery:

County Property Appraiser: Every Florida county maintains an online database showing real estate ownership, assessed values, and property locations. Search by the debtor's name.

County Official Records: Reveals recorded deeds, mortgages, liens, and satisfactions. If the debtor recently transferred property to a relative and recorded the deed, it may appear here.

Sunbiz (Florida Department of State): Shows business entity registrations, corporate officer names, fictitious name filings, and existing UCC or Judgment Lien Certificate filings. If the debtor owns or controls a business, it shows up here.

FLHSMV: The Florida Department of Highway Safety and Motor Vehicles maintains title records for vehicles, boats, and mobile homes. Title searches require a formal request.

When to Investigate Spousal Assets

Rule 1.560(d) allows discovery into a judgment debtor's spouse's assets — but only with a preliminary showing. You need to demonstrate that marital assets were commingled with the debtor's individual assets, or that fraudulent transfers to the spouse may have occurred.

Courts don't automatically allow spousal discovery. You need evidence, not speculation.

What Discovery Can't Do

Public records confirm title registration, but they don't establish current equity, hidden liens, or physical condition of property. Obtaining another person's financial customer information by falsely representing yourself to a bank employee violates the Gramm-Leach-Bliley Act's pretexting provision. Access restricted databases only if you have authorization; that conduct is not what the GLBA provision addresses.

Stay within the legal channels. The formal discovery tools are powerful enough when used properly.

Building the Full Picture

Our Florida Small Claims Judgment Collection Guide walks through every discovery tool available to judgment creditors — from the Fact Information Sheet through depositions and public records — and shows you how to convert what you learn into targeted enforcement actions.

Get the complete guide and find the debtor's assets before you spend another dollar on enforcement.

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