Legal Question in Civil Litigation in Florida

RE: Fact Information Sheet Requested on Final Judgment Against Defendants

Miami Dade Florida

2 Part Question:

I evicted the Defendants from my home and I am now suing them for Rent due. The Judge granted me $5000.00.

The Optional box requiring the Defendants to complete a Fact Information Sheet was marked at the hearing by the Judge. However, the Defendants did not show and did not have representation at this hearing. The Judge mailed the Final Judgement and Fact Information Sheet to the Defendants at the address they were evicted from. However, the Defendants did not complete mail forwarding with the post office and have not received these documents.

1) I was thinking of filling a Subpoena Duces Tecum For Deposition to require them to provide information and Motion for Default (even though it's not the 45 days yet) to show they have not provided me with the information required since they haven't received the mail.

2) The Defendants driver License reflects an address to which he shows ownership in public record. I would like to know if he can be served at this address (even if they try to say he doesn't live there) because Driver License and Public Records show the same residence for the Defendant.

Thank you for your help

:0)


Asked on 5/17/10, 5:17 pm

1 Answer from Attorneys
Robert Wilcox Wilcox Law Firm

Service of the Fact Information Sheet may be tricky here, because they have obviously moved from the original address. You could try serving the driver's license address, or the ownership address. If that doesn't work, there is also a process for serving the Secreatry of State if you can show that the Defendant is concealing his whereabouts. See Chapter 48.

The larger issue is not service of these papers, but collection of your judgment. If you have an employment address or bank info (perhaps based upon an old rent check), then you can seek an order of garnishment.

You may want to get the assistance of an attorney who specializes in judgment collection.

Good Luck.

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Answered on 5/24/10, 5:46 am


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