Fraudulent Transfers
Debtor moved assets to a relative, friend, or shell entity to avoid the judgment. §56.29 reaches the transferee directly without a separate fraudulent transfer suit.
Proceedings supplementary under §56.29, F.S. is a Florida post-judgment action that reaches assets ordinary garnishment cannot — including fraudulently transferred property, third-party recipients of debtor funds, and successor entities. The creditor petitions the court for examination of the debtor and any party holding debtor assets. The court can order delivery of those assets toward the judgment.
When Proceedings Supplementary Is the Right Tool
Successor Businesses
Debtor's company "closed" but reopened under a new name with same employees, customers, and equipment. Successor liability theories supported by §56.29 reach the new entity's assets.
Third-Party Holders
A bank, business partner, or family member holds funds belonging to the debtor. Direct examination of that party can compel delivery of debtor assets.
Hidden Income Streams
Cash businesses, royalties, rents, or contractor payments routed through third parties. §56.29 examination of the debtor and payors can compel disclosure and capture.
The §56.29 Process
- Affidavit. Creditor files a sworn affidavit alleging that the judgment is unsatisfied and that there are assets reachable through proceedings supplementary.
- Court order. Court issues an order directing the debtor and any third parties to appear and answer concerning assets.
- Examination. Sworn examination of debtor and third parties — about assets, transfers, and income. Document subpoenas often accompany.
- Findings. Court determines what assets exist, who holds them, and whether any transfers were fraudulent or void as against creditors.
- Order to deliver. Court can order assets delivered to satisfy the judgment, void transfers, or impose constructive trust.
People Also Ask
What is proceedings supplementary in Florida?
Proceedings supplementary under §56.29, F.S. is a post-judgment action that reaches assets ordinary garnishment and execution cannot — fraudulently transferred property, third-party holders, and successor entities. The creditor compels sworn examination of debtor and any party holding debtor assets.
Can a creditor undo a debtor's transfer in Florida?
Yes, in appropriate circumstances. §56.29 supports voiding transfers made to avoid creditors. The Florida Uniform Fraudulent Transfer Act (Chapter 726) provides additional grounds. The creditor must show the transfer was made with intent to hinder, delay, or defraud creditors.
How long does proceedings supplementary take?
Typical timeline is 60-180 days from filing the affidavit through final order, depending on the number of third parties involved, contested issues, and discovery. Complex cases with multiple transferees and corporate veil piercing can extend significantly longer.
Can proceedings supplementary reach a closed business?
Yes, when assets, employees, customers, or operations transferred to a successor entity. §56.29 — combined with successor liability theories and Chapter 726 fraudulent transfer law — provides the legal mechanism. Investigation of corporate filings, equipment transfers, and employee continuity supports the case.
Debtor Hiding Behind Transfers or a Successor Business?
Proceedings supplementary may be the right tool. Free intake review.
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Last reviewed: April 2026