Helping You Pursue Supplementary Proceedings In Florida

It is an unfortunate reality for creditors that business debtors may go to great lengths to avoid paying valid judgments. One common tactic involves transferring or concealing assets, sometimes by moving company funds or property to third parties such as business owners. Fortunately, Florida law provides creditor remedies to address these challenges.

At The Levey Law Firm, P.A., our Miami attorneys have extensive experience guiding judgment creditors through the complex process of supplementary proceedings.

Understanding Supplementary Proceedings

Supplementary proceedings are a powerful post-judgment collection tool for creditors facing payment avoidance efforts. This legal mechanism allows creditors to discover and pursue concealed or transferred assets belonging to a debtor—even if those assets are held by a third party. Supplementary proceedings also permit a thorough examination of the debtor’s assets, helping you identify property that may be used to satisfy your judgment.

When Can You Pursue Supplementary Proceedings?

To initiate supplementary proceedings, the following requirements must be met:

• Unsatisfied judgment: You must have a valid, unpaid judgment or judgment lien in Florida (including domesticated out-of-state judgments).
• Unsuccessful execution: You must have a writ of execution against the debtor’s property that has not been satisfied.

Our Florida attorneys can help determine if supplementary proceedings are available in your specific situation.

How to Start Supplementary Proceedings

Supplementary proceedings begin with the filing of a motion, which must include:

• An affidavit stating you meet the requirements for supplementary proceedings.
• A list of the nonexempt property you believe may be available to pay the debt, and identification of who currently holds it.

Claims Against Third Parties

A significant advantage of supplementary proceedings is the ability to bring third parties into the case if they are believed to be holding the debtor’s assets. In your motion, you may name these third parties. The court can then require them to appear and address your claim. If successful, you may obtain relief against the third party, such as an order to transfer property or assets to satisfy your judgment.

How We Can Help

Collecting on a judgment through supplementary proceedings can be complex, often involving asset discovery and overcoming attempts to hide or transfer property. Our firm’s respected reputation, over decades of experience, and proactive approach position us to effectively help you navigate these challenges and pursue the recovery you deserve.

Put Our Trusted Team on Your Side

We are ready to act quickly to protect your rights and best interests as a creditor. Learn more about how we can assist with supplementary proceedings by reaching out online or calling 800-618-9938.