Branch Banking and Trust Company v. National Financial Services, LLC et al

Filing 137

ORDER granting 136 Motion to compel judgment debtor to complete Fact Information Sheet. Signed by Magistrate Judge Thomas B. Smith on 6/17/2015. (Smith, Thomas)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
BRANCH BANKING AND TRUST
COMPANY,
Plaintiff,
v.

Case No: 6:13-cv-1983-Orl-31TBS

NATIONAL FINANCIAL SERVICES, LLC
and BETTY ROGERS,
Defendants.
ORDER
On June 5, 2015, the Court entered a final money judgment for Plaintiff Branch
Banking and Trust Company and against Defendant Betty Rogers (Doc. 133). It does
not appear from the docket that the judgment has been satisfied, or that it has been
stayed. The judgment provides for execution by Plaintiff (Id.). “In aid of the judgment or
execution, the judgment creditor or a successor in interest whose interest appears of
record may obtain discovery from any person—including the judgment debtor—as provided
in these rules or by the procedure of the state where the court is located.” FED. R. CIV. P.
69(a)(2). Pending before the Court is Plaintiff’s motion for the entry of an order
compelling Defendant to comply with Florida procedure for the collection of judgments by
completing the fact information sheet provided for by FLA. R. CIV. P. 1.560(b) (Doc. 133).
The Florida rule states:
In addition to any other discovery available to a judgment
creditor under this rule, the court, at the request of the
judgment creditor, shall order the judgment debtor or debtors
to complete form 1.977, including all required attachments,
within 45 days of the order or such other reasonable time as

determined by the court. Failure to obey the order may be
considered contempt of court.
FLA. R. CIV. P. 1.560(b).
Other courts in this circuit have required judgment debtors to complete the fact
information sheet. See Tracfone Wireless, Inc. v. Holden Property Services, LLC, No.
1:14-cv-20959-KMM, ___ F.Supp.3d ___, 2015 WL 2182780 (S.D.Fla. May 8, 2015);
PNC Bank, N.A. v. Kimbrough & Associates, LLC, No. 6:13-cv-1558-Orl-28KRS, 2015
WL 327533 (M.D.Fla. Jan. 23, 2015); American Home Assur. Co. v. Weaver Aggregate
Transport, Inc., No. 5:10-cv-329-Oc-10PRL, 298 F.R.D. 692 (M.D.Fla. Mar. 19, 2014).
After due consideration, the motion is GRANTED. Defendant Betty Rogers is
ORDERED to complete a Florida Rule of Civil Procedure Form 1.977 Fact Information
Sheet, including all required attachments, and deliver same to counsel for Plaintiff, within
forty-five days from the date of this Order.
DONE and ORDERED in Orlando, Florida on June 17, 2015.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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