Lake Worth, FL asked in Collections and Small Claims for Florida

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 provided by my local courthouse to do so, the clerk won't tell me what the procedure is (they consider this "legal advice"), and the sheriff's office said they only do criminal subpoenas. What steps do I take to file for a subpoena of this nature or what resources can you point me to where I can find this information in detail?

Related Topics:
1 Lawyer Answer
Jeffrey Schatzman
Jeffrey Schatzman
  • Collections Lawyer
  • Miami, FL
  • Licensed in Florida

A: 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 returns. If your judgment did not include a provision for the defendant to complete a FAS, you can file a motion for the court to enter an order requiring the defendant to complete a FAS. This should get you the same information you are trying to subpoena. Sometimes that defendants refuse to cooperate and you need to seek additional assistance from the court to compel them to complete the FAS.

To request documents from a non-party, you have to comply with Fla. Rule of Civil Procedure 1.351. The process includes giving the defendant notice of your intent to serve the subpoena on a non-party and an opportunity for the defendant to object to the subpoena within either 10 or 15 days, depending on how notice is provided.

While you could do these things on your own, it is probably a good idea to pay an experience attorney to do them for you. In some instances, the fees paid to the attorney may be recoverable.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.