Question 1

What is a judgment debtor examination in Florida?

Accepted Answer

A judgment debtor examination (also called proceedings supplementary or a debtor’s exam) is a post-judgment discovery proceeding under Section 56.29, Florida Statutes, that allows a judgment creditor to compel the debtor to appear and testify under oath about their assets, income, property, and financial condition. The purpose is to identify assets that can be used to satisfy the judgment. The creditor files a motion for proceedings supplementary in the same court that entered the judgment. The court issues an order directing the debtor to appear and answer questions. The debtor must disclose: all real and personal property, bank accounts and financial assets, employment and income sources, transfers of property within the past year, and any other assets that could satisfy the judgment.

Question 2

What happens if a Florida judgment debtor fails to appear for examination?

Accepted Answer

If the debtor fails to appear after being properly served with the court’s order, the court may: hold the debtor in civil contempt (which can result in jail until the debtor complies), issue a body attachment (a warrant for the debtor’s arrest to compel appearance), enter a judgment by default on any pending discovery requests, and award the creditor attorney fees and costs associated with the debtor’s non-compliance. The court takes non-compliance seriously because the debtor’s appearance is essential to the creditor’s ability to collect the judgment. Debtors should consult an attorney before the examination to understand their rights, including any applicable exemptions.

Question 3

What assets are exempt from judgment collection in Florida?

Accepted Answer

Florida provides extensive debtor protections: homestead property (unlimited value for the primary residence on up to half an acre in a municipality or 160 acres outside, Article X, Section 4), head of family wages ($750 per week, Section 222.11), retirement accounts (IRA, 401k, pension plans are fully exempt, Section 222.21), life insurance cash value (exempt from creditors, Section 222.14), annuities (exempt, Section 222.14), prepaid college and medical savings accounts (exempt, Section 222.22), and personal property up to $1,000 ($4,000 if not claiming homestead). These exemptions cannot be waived and apply automatically. The judgment debtor examination helps the creditor identify non-exempt assets.

Judgment Debtor Examination Discovery

Judgment Debtor Examination in Florida

Process

Non-Compliance Consequences

Florida Debtor Exemptions

Related Terms

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