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FL S1042

Bill

Status

Passed

3/10/2016

Primary Sponsor

Judiciary

Click for details

Origin

Senate

2016 Regular Session

AI Summary

  • Creates definitions section for Chapter 56 (Judgments) including "judgment creditor," "judgment debtor," "corporate judgment debtor," "claimant," "levying creditor," "relative," and "person"

  • Replaces examination procedures for judgment debtors with a new "Notice to Appear" process requiring judgment creditors to describe specific property or debts available to satisfy the judgment and giving respondents at least 7 business days to file opposing affidavits

  • Allows persons issued a Notice to Appear to obtain possession of levied property by filing affidavits and bonds under existing procedures in section 56.16, and grants them rights to jury trial and discovery

  • Creates new section 56.30 establishing discovery procedures allowing judgment creditors to compel judgment debtors to appear for examination concerning property subject to execution before or after issuance of Notice to Appear

  • Updates terminology throughout Chapter 56 from "defendant/plaintiff" to "judgment debtor/judgment creditor" and revises execution procedures regarding issuance validity, property claims, and fraudulent transfers

Legislative Description

Judgments

Last Action

Chapter No. 2016-33

3/10/2016

Committee Referrals

Rules1/15/2016
Judiciary12/17/2015

Full Bill Text

No bill text available