Filed: Jun. 17, 2015
Latest Update: Jun. 17, 2015
Summary: ORDER THOMAS B. SMITH , Magistrate Judge . On June 5, 2015, the Court entered a final money judgment for Plaintiff Branch Banking and Trust Company and against Defendant Betty Rogers (Doc. 133). It does not appear from the docket that the judgment has been satisfied, or that it has been stayed. The judgment provides for execution by Plaintiff ( Id. ). "In aid of the judgment or execution, the judgment creditor or a successor in interest whose interest appears of record may obtain discovery
Summary: ORDER THOMAS B. SMITH , Magistrate Judge . On June 5, 2015, the Court entered a final money judgment for Plaintiff Branch Banking and Trust Company and against Defendant Betty Rogers (Doc. 133). It does not appear from the docket that the judgment has been satisfied, or that it has been stayed. The judgment provides for execution by Plaintiff ( Id. ). "In aid of the judgment or execution, the judgment creditor or a successor in interest whose interest appears of record may obtain discovery f..
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ORDER
THOMAS B. SMITH, Magistrate Judge.
On June 5, 2015, the Court entered a final money judgment for Plaintiff Branch Banking and Trust Company and against Defendant Betty Rogers (Doc. 133). It does not appear from the docket that the judgment has been satisfied, or that it has been stayed. The judgment provides for execution by Plaintiff (Id.). "In aid of the judgment or execution, the judgment creditor or a successor in interest whose interest appears of record may obtain discovery from any person—including the judgment debtor—as provided in these rules or by the procedure of the state where the court is located." FED. R. CIV. P. 69(a)(2). Pending before the Court is Plaintiff's motion for the entry of an order compelling Defendant to comply with Florida procedure for the collection of judgments by completing the fact information sheet provided for by FLA. R. CIV. P. 1.560(b) (Doc. 133). The Florida rule states:
In addition to any other discovery available to a judgment creditor under this rule, the court, at the request of the judgment creditor, shall order the judgment debtor or debtors to complete form 1.977, including all required attachments, within 45 days of the order or such other reasonable time as determined by the court. Failure to obey the order may be considered contempt of court.
FLA. R. CIV. P. 1.560(b).
Other courts in this circuit have required judgment debtors to complete the fact information sheet. See Tracfone Wireless, Inc. v. Holden Property Services, LLC, No. 1:14-cv-20959-KMM, ___ F.Supp.3d ___, 2015 WL 2182780 (S.D.Fla. May 8, 2015); PNC Bank, N.A. v. Kimbrough & Associates, LLC, No. 6:13-cv-1558-Orl-28KRS, 2015 WL 327533 (M.D.Fla. Jan. 23, 2015); American Home Assur. Co. v. Weaver Aggregate Transport, Inc., No. 5:10-cv-329-Oc-10PRL, 298 F.R.D. 692 (M.D.Fla. Mar. 19, 2014).
After due consideration, the motion is GRANTED. Defendant Betty Rogers is ORDERED to complete a Florida Rule of Civil Procedure Form 1.977 Fact Information Sheet, including all required attachments, and deliver same to counsel for Plaintiff, within forty-five days from the date of this Order.
DONE and ORDERED.
