Question 1

What is postjudgment discovery in Florida?

Accepted Answer

Postjudgment discovery is the process by which a judgment creditor investigates the judgment debtor’s assets to determine what property is available to satisfy the judgment. In Florida: Rule 1.560 authorizes postjudgment discovery. Tools: fact information sheet (Rule 1.560(a): the debtor must complete a sworn financial disclosure within 45 days of the judgment), interrogatories (written questions about the debtor’s assets, income, and financial accounts), depositions (oral examination of the debtor under oath), and requests for production (requiring the debtor to produce financial records, bank statements, tax returns, and other documents).

Question 2

What assets can be reached by a Florida judgment creditor?

Accepted Answer

Reachable assets: bank accounts (the creditor can garnish bank accounts; Section 77.01), wages (the creditor can garnish wages; Section 77.0305: the creditor can take up to 25% of disposable earnings, subject to the head-of-family exemption), real property (the judgment creates a lien on the debtor’s real property in the county where the judgment is recorded; the creditor can foreclose on the lien), personal property (the creditor can levy on tangible personal property), and intangible property (stocks, bonds, and other financial accounts). Exempt assets: homestead (Article X, Section 4: protected from forced sale), personal property up to $1,000, annuities, and retirement accounts.

Question 3

What is the head-of-family exemption in Florida?

Accepted Answer

Head-of-family exemption (Section 222.11): a person who is the head of a family (providing more than half of the support for a dependent) is exempt from wage garnishment if: their net wages are $750 or less per week (the wages are completely exempt), or their net wages exceed $750 per week AND they have not agreed in writing to the garnishment. This exemption applies only to wages (not to other assets). The debtor must claim the exemption (it is not automatic; the debtor must file a claim of exemption with the court).

Postjudgment Discovery Asset Investigation

Postjudgment Discovery (Asset Investigation) in Florida

Discovery Tools

Reachable Assets

Exempt Assets

Related Terms

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