A common question I receive from judgment debtor clients is why they are asked to disclose their spouse’s financial information to their judgment creditor.
This disclosure is typically requested through a standard fact information sheet provided in Florida statutes, but sometimes spousal information is requested through a Request for Production, a set of Interrogatories, or even a deposition.
Florida law allows a money judgment creditor broad discovery tools to find out any financial information concerning the judgment debtor. The statute authorizing this discovery allows the creditor to obtain this information from any person about any asset a creditor may attack in order to collect its judgment.. Further, the applicable collection statute specifically allows the Fact Information to include spousal information. Creditors often want spousal financial information to see if the debtor made fraudulent transfers to the non-debtor spouse.
The financial status of a judgment debtor’s spouse is directly related to the judgment debtor’s own finances. It does not matter that the spouse is not named in the judgment itself.
Post updated on