Aggressive Collection Strategies: Using Proceedings Supplementary to Get Paid (FL)

In Florida, Proceedings Supplementary are begun utilizing the procedure found in Fla. Stat. 56.29. The Proceedings Supplementary statute was enacted prior the adoption of the Florida Rules of Civil Procedure. In the recent past this created a lot of confusion with lawyers and the Judiciary as the procedure set forth in the initial Proceedings Supplementary statute was so bare and so different from the process in the Florida Rules of Civil Procedure for initiating litigation that many attorneys and Judges questioned whether the statute afforded adequate due process. Because of these perceived problems with the initial Proceedings Supplementary statute, the statute went through a complete redraft, effective July 1, 2016. Although this article won’t discuss in detail the differences between the old Proceedings Supplementary statute and the new Proceedings Supplementary statute, some of the main changes are 1) due process must be established via personal service of process instead of actual notice; 2) there is a statutory right to a jury trial; and 3) proceedings supplementary are begun by issuing a Notice to Appear (which is similar to a summons).     Read the article……………..

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