Rule 7.221 - HEARING IN AID OF EXECUTION(a)Use of Form 7.343. In any final judgment, the judge shall include the Enforcement Paragraph of form 7.340 if requested by the prevailing party or attorney. In addition to the forms of discovery available to the judgment creditor under Florida Rule of Civil Procedure 1.560, the judge, at the request of the judgment creditor or the judgment creditor's attorney, shall order a judgment debtor to complete and serve form 7.343 within 45 days of the order or other such reasonable time determined by the court. The completed form must be served, with any copies, pursuant to Florida Rule of General Practice and Judicial Administration 2.516. If the judgment debtor fails to obey the order, Florida Rule of Civil Procedure Form 1.982 may be used in conjunction with this subdivision of this rule.(b)Purpose of Hearing. The judge, at the request of the judgment creditor, shall order a judgment debtor to appear at a hearing in aid of execution at a time certain 45 or more days from the date of entry of a judgment for the purpose of inquiring of the judgment debtor under oath as to earnings, financial status, and any assets available in excess of exemptions to be applied towards satisfaction of judgment. The provisions of this subdivision of this rule shall only apply to a judgment creditor who is a natural person and was not represented by an attorney prior to judgment. Forms 7.342, 7.343, and 7.344 shall be used in connection with this subdivision of this rule.Amended by SC19-2162, effective 4/8/2021; amended by 285 So.3d 896, effective 1/1/2020; amended by 785 So.2d 401, effective 1/1/2001; amended by 682 So.2d 1075, effective 1/1/1997; added by 537 So.2d 81, effective 1/1/1989.Committee Notes
1988 Amendment. Provides a procedure for postjudgment, court-assisted discovery for natural person judgment creditors, unrepresented by counsel prior to judgment.
1996 Amendment. The purpose of the change is to make form 7.343 (Fact Information Sheet) available for use by both a party and the party's attorney, even though the hearing in aid of execution is not available to the attorney. The rule will allow the court to include the order as part of the final judgment or to issue the order after the judgment. The court may adjust the time allowed for the response to the Fact Information Sheet to fit the circumstances.