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Questions Answered by Jeffrey Schatzman
1 Answer | Asked in Collections and Small Claims for Florida on
Q: How do I obtain a civil subpoena for production of bank account information?

I won a small claims trial but the debtor will not pay up. It's not a financial issue, they're just slimy, so my best chance to recover the judgment is to subpoena a third party like their landlord or a cash app for this person's bank account(s). I can't find information on how: there are no forms... Read more »

Jeffrey Schatzman
Jeffrey Schatzman answered on Jul 30, 2018

Post-Judgment discovery in a small claims case is governed by Florida Small Claims Rule 7.221. Under that Rule, you can serve the defendant with a Fact Information Sheet Form 7.343 (FAS). The FAS requires the defendant to provide financial information including bank account statements and tax... Read more »

2 Answers | Asked in Collections for Florida on
Q: Hi a debt collection called me I don't pay them they threaten me to take my social security check and take me to
Jeffrey Schatzman
Jeffrey Schatzman answered on Jul 30, 2018

Generally, until a creditor (other than the IRS or some other government agencies) has a judgment, they cannot garnish or take your Social Security or any other funds from you. This appears to be a threat from a collection agency or collection attorney who may not yet have a judgment. If they... Read more »

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