Legal Question in Civil Litigation in Florida

Broward County Small Claims Courts

HI,

I am in the process of suing a party for debts owed and my question is it possible to get a subpena for bank records and securities records to prove this party has substantial funds to payoff this debt?

And if it is possible to subpenas these records for my case, what is the procedure and cost to do so?

Thank you


Asked on 1/12/09, 11:49 am

2 Answers from Attorneys
Angelo Marino Angelo Marino Jr. PA

Re: Broward County Small Claims Courts

Proof of ability to pay is not relevant to your claim that the party owes you money. If you obtain a judgment, then you can request those recoreds.

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Answered on 1/12/09, 11:56 am
Hunter Chamberlin Chamberlin Butler & Crowe, P.A.

Re: Broward County Small Claims Courts

Generally, you are not entitled to financial information until after you have a judgment.

Once you have a judgment, you would be entitled to a writ of garnishment, which is essentially a Court Order instructing the bank to turn over whatever funds it is holding that belong to the debtor.

If you would like to discuss the matter further, please contact me at your convenience.

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Answered on 1/12/09, 1:50 pm


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