Rule 7.221 — Hearing in Aid of Execution

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(a) Use of Form 7.343. In any final judgment, the judge shall include the Enforcement Paragraph of form 7.340 if requested by the prevailing party or attorney. In addition to the forms of discovery available to the judgment creditor under Florida Rule of Civil Procedure 1.560, the judge, at the request of the judgment creditor or the judgment creditor’s attorney, shall order a judgment debtor to complete and serve form 7.343 within 45 days of the order or other such reasonable time determined by the court. The completed form must be served, with any copies, pursuant to Florida Rule of General Practice and Judicial Administration 2.516. If the judgment debtor fails to obey the order, Florida Rule of Civil Procedure Form 1.982 may be used in conjunction with this subdivision of this rule.

(b) Purpose of Hearing. The judge, at the request of the judgment creditor, shall order a judgment debtor to appear at a hearing in aid of execution at a time certain 45 or more days from the date of entry of a judgment for the purpose of inquiring of the judgment debtor under oath as to earnings, financial status, and October 24, 2022 Florida Small Claims Rules Page 32 of 67 any assets available in excess of exemptions to be applied towards satisfaction of judgment. The provisions of this subdivision of this rule shall only apply to a judgment creditor who is a natural person and was not represented by an attorney prior to judgment. Forms 7.342, 7.343, and 7.344 shall be used in connection with this subdivision of this rule.

Finding Assets to Collect Your Judgment: This rule provides two key tools for a judgment creditor (the person who won the lawsuit) to discover the assets of the judgment debtor (the person who owes money) so the judgment can be collected.

(a) Fact Information Sheet (Form 7.343):

At the time the final judgment is entered, the winning party can ask the judge to order the debtor to fill out a "Fact Information Sheet." This is a detailed financial questionnaire that forces the debtor to list their assets, bank accounts, employment information, and other financial details. The debtor must complete and return this form within 45 days. This is a powerful and common first step in collecting a judgment.

(b) Hearing in Aid of Execution:

This is a special hearing where the judge orders the debtor to appear in court and answer questions under oath about their finances and ability to pay the judgment. Important Limitation: This specific type of hearing under the small claims rules is only available to a creditor who is a regular person (not a business) and who was not represented by an attorney when they got their judgment. It is a tool designed specifically to help pro se litigants.