How to Fill Out Florida Form 9.900(e) (w/Examples) + FAQs

Florida Family Law Rules of Procedure Form 9.900(e) is the Order to Appear for Deposition in Aid of Execution, and you fill it out by completing the case caption, naming the judgment debtor, setting the date, time, and location of the deposition, listing the documents the debtor must bring, and securing the judge’s signature before serving it on the debtor. This court order forces a judgment debtor to show up and answer questions under oath about income, bank accounts, real estate, and other assets so a judgment creditor can collect what the court already awarded.

The problem is simple but painful. A Florida judge can sign a final judgment for child support arrears, alimony, or a money damages award, yet the debtor still refuses to pay, hides assets, or claims poverty without proof. According to the federal Office of Child Support Services, more than $113 billion in child support arrears sits uncollected nationwide, and Florida accounts for billions of that backlog. Form 9.900(e) is one of the strongest tools the Florida State Courts System gives a creditor to crack open a debtor’s financial life.

Here is what you will learn in this guide:

• 📝 How to complete every blank line on Form 9.900(e) with zero guesswork
• ⚖️ How Florida statutes and rules of procedure power this deposition order
• 🧾 What documents you can demand the debtor bring to the deposition
• 🚨 What happens when a debtor ignores the order, including arrest by writ of bodily attachment
• 🛡️ How to avoid the seven most common mistakes that get these orders denied or quashed

What Florida Form 9.900(e) Actually Is

Florida Family Law Rules of Procedure Form 9.900(e) is a court-issued order, not a notice or a request. It commands a judgment debtor to appear at a specific place and time to give sworn testimony about assets. The form lives inside the official set of Florida Supreme Court Approved Family Law Forms and is grounded in Florida Family Law Rule of Procedure 12.560 and Florida Rule of Civil Procedure 1.560, which together govern post-judgment discovery in aid of execution.

The “e” subsection of Form 9.900 is the deposition order. It is the cousin of Form 9.900(a), which is the Order to Appear for general purposes, and Form 9.900(b), the Order to Appear and Show Cause for civil contempt. The 9.900(e) version is unique because it pairs the court’s contempt power with a sworn examination of the debtor’s finances. A creditor who already holds a final judgment for child support, alimony, equitable distribution, or attorney’s fees uses this form to schedule a financial deposition that the debtor cannot legally skip without risking jail.

The form’s authority traces back to Florida Statute § 56.29, the proceedings supplementary statute that lets a judgment creditor drag a debtor and even third parties into court to disclose assets. In family law cases, Florida Statute § 61.13 and § 61.1301 layer in income deduction orders, while Chapter 77 covers garnishment. The plain-English consequence is that ignoring a 9.900(e) order is contempt of a circuit court order, and the typical penalty is a writ of bodily attachment, which is an arrest warrant in everything but name.

A common misconception is that Form 9.900(e) is the same as a subpoena duces tecum. It is not. A subpoena is issued by an attorney or the clerk, while Form 9.900(e) is signed by a judge. That judicial signature is what gives the order its contempt teeth, and that is the entire reason creditors prefer it when a debtor has already shown a willingness to dodge service or ignore process.

When You Use Form 9.900(e)

You use Form 9.900(e) after a Florida circuit court enters a final judgment that the debtor has not paid. The judgment can be for unpaid child support, unpaid alimony, equitable distribution, attorney’s fees, or any other money obligation reduced to a final order under Florida Family Law Rule 12.491 or the general civil rules. The order is not available before judgment, and trying to use it pre-judgment is grounds for sanctions under Florida Statute § 57.105.

The form is also paired with the Florida Family Law Form 12.977, the Fact Information Sheet. The fact information sheet is a written questionnaire the debtor must complete within 45 days of the judgment, while Form 9.900(e) is the live, in-person deposition where you grill the debtor in front of a court reporter. Many creditors file both, because the written sheet often arrives incomplete or full of lies, and the deposition is where you catch the inconsistencies.

The consequence of skipping the proper procedural sequence is that the judge can deny your motion. Florida judges insist on seeing a recorded final judgment, proof of nonpayment, and a clean motion before signing the order. A real-world example involves Maria, a custodial parent in Hillsborough County who held a child support judgment of $18,400. She filed her motion with the Hillsborough County Clerk, attached the certified judgment, and the judge signed her 9.900(e) order within ten days.

Reading the Form Top to Bottom

Form 9.900(e) is a one-page or two-page document with predictable sections. The top contains the case caption, the middle contains the order language, and the bottom carries the judge’s signature line and a certificate of service. Each blank has a purpose, and skipping or fudging a blank gives the debtor’s lawyer ammunition to quash the order at hearing.

The Caption Block

The caption block sits at the top of every Florida court document. You enter the judicial circuit, the county, the case number, and the division. The plain-English meaning is that you are telling the clerk and the judge exactly which case file this order belongs to. The consequence of an error here is that the clerk may reject the filing, and even if accepted, the debtor can argue the order is void for vagueness under Florida Rule of General Practice 2.520.

A real example is David, who filed his caption with the wrong division code in Orange County. The clerk in the Orange County Clerk’s office bounced his filing, and David lost two weeks before refiling. A common misconception is that the division code does not matter because the case number is unique. It matters because Florida circuit courts route documents to the assigned judge by division, and a wrong code can land your order on a stranger’s desk.

The Party Designations

Below the caption you list the petitioner and respondent exactly as they appear on the original final judgment. In family cases this is usually the former spouses by full legal name. In civil cases it is the plaintiff and defendant. The consequence of using a nickname or initials is that the order may not be enforceable against the debtor, because Florida courts read these orders strictly under the void-for-vagueness doctrine recognized in Parisi v. Broward County, 769 So. 2d 359 (Fla. 2000).

The Deposition Logistics

The middle of the form sets the date, time, and street address of the deposition. You also identify whether the deposition is before a court reporter, a videographer, or both. Florida practice strongly favors a Florida-licensed court reporter because the sworn transcript becomes admissible evidence in later contempt hearings. The consequence of choosing an unlicensed reporter is that the transcript can be excluded under Florida Statute § 92.142.

A common mistake is scheduling the deposition fewer than the required notice days from the date of service. Florida Rule of Civil Procedure 1.310 and Family Law Rule 12.310 require reasonable notice, and most judges read that as at least 10 days for in-state debtors and 20 days for out-of-state. Building in a 30-day cushion is the safest move.

The Documents-to-Produce Rider

Form 9.900(e) lets you attach a rider listing the documents the debtor must bring. Typical demands include the last three years of federal tax returns, six months of bank statements from every account, pay stubs, retirement statements, deeds, vehicle titles, business records, and proof of any debts owed to the debtor by third parties. The plain-English point is that you want every paper that proves what the debtor owns, earns, or controls.

The consequence of omitting this rider is that the debtor can show up empty-handed and stall the entire process. A real example is Jasmine, who sought alimony arrears from her former husband in Miami-Dade. She forgot the rider, the husband appeared with nothing, and the Miami-Dade Clerk of Courts docket shows she had to re-notice the deposition, costing her another $400 in reporter fees.

The Judge’s Signature Block

The bottom of the form contains the judge’s signature line, the date, and sometimes a deputy clerk’s seal. Until the assigned circuit judge signs, the form is just a draft. The consequence of presenting an unsigned 9.900(e) to a debtor is that it has no legal force, and the debtor can ignore it without penalty. Florida judges often sign these orders ex parte, meaning without a hearing, when the motion is well documented.

The Certificate of Service

The certificate of service is the sworn statement that you delivered the order to the debtor. You must serve the debtor in compliance with Florida Rule of Judicial Administration 2.516 for represented parties and by personal service through a certified process server for unrepresented debtors who have not appeared in the post-judgment phase. The consequence of botched service is that the court cannot hold the debtor in contempt for non-appearance, because there is no proof the debtor knew about the order.

Step-by-Step: Filling Out Form 9.900(e)

The cleanest path is a ten-step sequence that mirrors how Florida circuit judges read the form. Following the sequence reduces clerk rejections and speeds up judicial signature.

Step 1: Pull the Final Judgment

Open the certified copy of your final judgment from the Florida Courts E-Filing Portal. Confirm the judgment is final, not interlocutory, and that it includes a sum certain. The consequence of using an interlocutory order is automatic denial, because Florida courts only allow post-judgment discovery in aid of execution after entry of a final, appealable order under Florida Rule of Appellate Procedure 9.110.

Step 2: Confirm Nonpayment

Pull the State Disbursement Unit payment history for child support and alimony cases, or your own records for civil judgments. Florida judges expect a sworn affidavit of nonpayment attached to the motion. The consequence of skipping the affidavit is that the judge may set a hearing instead of signing the order ex parte, which adds 30 to 90 days to your timeline.

Step 3: Draft the Motion

Draft a Motion for Order to Appear for Deposition in Aid of Execution. Cite the final judgment, the unpaid balance, the legal authority under Florida Rule of Civil Procedure 1.560, and request the relief in plain language. The consequence of a vague motion is judicial denial, because Florida circuit judges will not sign coercive orders based on guesswork.

Step 4: Complete the Caption

Copy the caption from the final judgment exactly. Use the same circuit, county, case number, division, and party designations. The consequence of any deviation is that the clerk’s docketing software may flag the filing as a new case, costing you a filing fee and time.

Step 5: Fill the Deposition Details

Enter the date, time, and full street address of the deposition, including suite number and zip code. Most Florida creditors hold the deposition at their attorney’s office or at a neutral court reporter’s office. The consequence of using a vague address like “downtown Tampa” is that the debtor’s lawyer can move to quash for ambiguity.

Step 6: Attach the Document Rider

Attach a list of documents the debtor must bring. Use broad but specific categories such as “all federal income tax returns filed during the past three calendar years” and “all monthly statements for every checking, savings, money market, or brokerage account in which you have held any interest during the past 24 months.” The consequence of overly narrow language is that the debtor brings only what is literally listed and nothing else.

Step 7: Add the Sanctions Language

Include a paragraph warning the debtor that failure to appear may result in civil contempt, a writ of bodily attachment, and award of attorney’s fees. Florida judges expect this warning, and the Florida Bar’s family law section publishes sample language. The consequence of omitting it is that some judges refuse to sign because the order lacks fair notice.

Step 8: Prepare the Signature Block

Leave a clean signature line for the judge, the printed name field, and the date. Add a “copies furnished to” list at the bottom showing every party and counsel of record. The consequence of skipping the copies list is that the judicial assistant may return the order for correction.

Step 9: File and Submit for Signature

File the motion and proposed order through the Florida Courts E-Filing Portal and send a courtesy copy to the judge’s judicial assistant. The consequence of skipping the courtesy copy is that the order may sit in the e-filing queue for weeks.

Step 10: Serve the Signed Order

Once the judge signs, serve the debtor by personal service through a certified Florida process server. Keep the return of service, because it is the foundation of any later contempt motion. The consequence of weak service is that the entire enforcement strategy collapses.

Three Real-World Scenarios

The following scenarios show how Florida creditors use Form 9.900(e) in common situations. Each scenario is built from typical fact patterns reported in Florida appellate opinions and Florida Bar journal practice articles.

Creditor Action	Florida Court Consequence
Maria, a custodial parent in Hillsborough, files Form 9.900(e) after her ex misses 14 months of child support payments.	The circuit judge signs the order ex parte, and the ex-husband appears with bank statements showing a hidden side business, leading to a $24,000 lump-sum payment.
David, an alimony recipient in Orange County, files Form 9.900(e) when his former wife claims she cannot pay.	The deposition reveals a paid-off rental property, and the court enters a writ of execution under Florida Statute § 56.21, forcing a sheriff’s sale.
Jasmine, a civil judgment creditor in Miami-Dade, uses Form 9.900(e) after a $50,000 breach-of-contract judgment goes unpaid.	The debtor fails to appear, the court issues a writ of bodily attachment, and the debtor is arrested at a traffic stop two weeks later.

Named Examples That Show the Stakes

Florida creditors learn the most from named examples that mirror their own cases. The following three named scenarios are based on common Florida circuit court patterns.

Maria Sanchez holds a $32,000 child support judgment against her former spouse in Tampa. She files Form 9.900(e) along with the Florida Family Law Form 12.977 Fact Information Sheet. At the deposition, the ex-husband admits to a cash-only landscaping side business, which Maria’s lawyer captures on the transcript. The court then enters an income deduction order under Florida Statute § 61.1301.

David Cohen is owed $48,000 in alimony arrears in Orlando. He uses Form 9.900(e) to compel his former wife to bring three years of tax returns. The returns show $90,000 in unreported rental income, and the judge enters a charging order against her LLC interest under Florida Statute § 56.061.

Jasmine Williams holds a $75,000 civil judgment in Miami. The debtor lies on his Fact Information Sheet, so Jasmine files Form 9.900(e). When the debtor fails to appear, the judge signs a writ of bodily attachment, and the Miami-Dade Sheriff’s Office takes him into custody at his next traffic stop.

Documents the Debtor Must Bring

Florida judges allow broad document demands in 9.900(e) orders because post-judgment discovery is broader than pre-trial discovery. The case Standard Guaranty Insurance Co. v. Quanstrom, 555 So. 2d 828 (Fla. 1990), reinforces that a creditor enjoys wide latitude. Common categories include:

• Federal and state tax returns for the last three years
• Bank, credit union, and brokerage statements for the last 24 months
• Retirement account statements including 401(k), IRA, and pension
• Pay stubs, 1099s, and W-2s for the last 24 months
• Deeds, mortgages, and closing statements for all real estate
• Vehicle titles and registrations for every car, boat, or trailer
• Business records for any entity in which the debtor holds an interest
• Cryptocurrency wallet statements and exchange account records
• Life insurance policies showing cash value
• Trust documents and beneficiary designations

The consequence of producing nothing is contempt. The consequence of producing a partial set is a follow-up motion to compel under Florida Rule of Civil Procedure 1.380, with attorney’s fees shifted to the debtor.

Mistakes to Avoid

Florida creditors lose enforcement leverage when they make procedural mistakes that the debtor’s lawyer can exploit. The following seven mistakes show up repeatedly in Florida appellate opinions and in Florida Bar disciplinary reports.

• Wrong case number. Using the dissolution case number instead of the post-judgment enforcement case number gets the order docketed in the wrong file, and the judge may refuse to sign.
• Vague document rider. Asking for “financial records” instead of itemized categories lets the debtor produce a single bank statement and claim compliance.
• Short notice. Scheduling the deposition five days after service violates the reasonable notice requirement, and the debtor’s lawyer will move to quash.
• No certified judgment attached. Filing the motion without the certified final judgment forces the judge to hunt through the court file, often triggering denial.
• No affidavit of nonpayment. Skipping the sworn statement of arrears means the judge cannot verify the unpaid amount, which may result in a hearing instead of an ex parte signature.
• Bad service. Mailing the signed order instead of using personal service through a certified process server destroys any later contempt motion.
• No sanctions warning. Omitting the contempt and bodily attachment warning denies the debtor fair notice, and some judges refuse to enforce the order on due process grounds.

Do’s and Don’ts of Form 9.900(e)

The following list comes from common practice patterns in Florida family law and civil collection.

• Do attach the certified final judgment to the motion, because the judge needs proof of the underlying obligation.
• Do use a Florida-licensed court reporter, because the transcript becomes evidence in later contempt proceedings.
• Do demand tax returns, because they expose unreported income that bank statements alone may miss.
• Do build in at least 30 days between service and deposition, because Florida judges interpret “reasonable notice” generously toward debtors.

• Do prepare a deposition outline in advance, because Florida limits depositions to seven hours under Rule 1.310(d).

• Don’t schedule the deposition at your home, because Florida courts expect a neutral and professional location.

• Don’t rely on email service for unrepresented debtors, because Florida Rule of Judicial Administration 2.516 requires personal service when the debtor has not appeared.
• Don’t ask questions outside asset discovery, because the debtor can refuse and move for a protective order under Rule 1.280(c).
• Don’t forget to renew the order after one year, because stale orders may be challenged as moot.
• Don’t waive the court reporter to save money, because without a transcript you cannot prove perjury or contempt.

Pros and Cons of Using Form 9.900(e)

Florida creditors weigh several practical factors before filing.

• Pro: The order carries the judge’s signature, which gives it stronger contempt power than a plain notice of deposition.
• Pro: The deposition produces sworn testimony that becomes admissible at later contempt and garnishment hearings.
• Pro: A failure to appear triggers a writ of bodily attachment, which is one of the few civil tools that leads to arrest.
• Pro: The order pairs naturally with Form 12.977, doubling the discovery pressure on the debtor.

• Pro: Florida judges sign these orders ex parte when the paperwork is clean, saving months of hearing time.

• Con: The process requires upfront cost for the court reporter, process server, and attorney time.

• Con: A poorly drafted order can be quashed, wasting the entire effort.
• Con: The debtor may file bankruptcy after service, which freezes enforcement under the federal automatic stay.
• Con: Some Florida circuits require a hearing before signing, which slows the timeline.
• Con: The deposition may reveal that the debtor truly has no assets, which leaves the creditor with knowledge but no recovery.

Consequences of Ignoring the Order

Florida circuit judges treat a signed 9.900(e) order as a direct judicial command. Ignoring it triggers civil contempt under Florida Family Law Rule 12.615 for family law cases and Florida Rule of Civil Procedure 1.380 for civil cases. The most common penalty is a writ of bodily attachment, which directs any Florida sheriff to arrest the debtor and bring the debtor before the court.

The leading case on civil contempt in family law is Bowen v. Bowen, 471 So. 2d 1274 (Fla. 1985), which holds that a court may presume an ability to pay from a prior support order and shift the burden to the debtor to prove inability. Another anchor case is Gregory v. Rice, 727 So. 2d 251 (Fla. 1999), which limits incarceration to debtors who have the present ability to comply. The real-world consequence is that a debtor who hides assets, refuses to appear, and then claims poverty often ends up in custody until the debtor pays a purge amount set by the judge.

A common misconception is that civil contempt in Florida is forever. It is not. Under Pugliese v. Pugliese, 347 So. 2d 422 (Fla. 1977), and the Bowen line of cases, the debtor must hold the keys to the jail, meaning the court must set a purge amount the debtor can actually pay. The plain-English point is that the system pressures payment, not punishment, and the deposition is where the creditor proves the debtor can pay.

Key Florida Entities You Will Encounter

Florida’s enforcement ecosystem involves several institutions that interact with Form 9.900(e). Knowing each one saves time and avoids missteps.

The Florida State Courts System supplies the approved form and the self-help portal. The Florida Bar regulates the attorneys who file the motion. The Florida Department of Revenue runs the child support program and provides payment histories. The State Disbursement Unit processes the actual support payments. Each county clerk of court dockets the filings, and the county sheriff executes the writs of bodily attachment.

The judicial officers who sign Form 9.900(e) are circuit judges or general magistrates appointed under Florida Family Law Rule 12.490. The consequence of confusing a magistrate’s report with a judge’s order is that you may try to enforce a non-final document, which Florida courts will not allow until the circuit judge ratifies it under Rule 12.490(f).

Recent Florida Rulings That Shape Practice

Florida appellate courts have refined how 9.900(e) orders work. In Department of Revenue v. Llamas, 196 So. 3d 1059 (Fla. 1st DCA 2016), the court reinforced that a writ of bodily attachment requires a present-ability finding. In Mehta v. Mehta, 230 So. 3d 593 (Fla. 4th DCA 2017), the court held that purge amounts must be tied to record evidence, which is exactly the kind of evidence a 9.900(e) deposition produces.

The federal backdrop matters too. The U.S. Supreme Court’s decision in Turner v. Rogers, 564 U.S. 431 (2011), governs due process in civil contempt for unpaid child support, and Florida judges apply its safeguards when imposing jail time. The consequence is that creditors must build a clear record of ability to pay, which is the entire point of the deposition that Form 9.900(e) compels.

FAQs

Is Form 9.900(e) the same as a subpoena?

No. A subpoena is issued by an attorney or clerk, while Form 9.900(e) is a court order signed by a Florida circuit judge, which gives it direct contempt power that a subpoena does not carry.

Can a pro se litigant file Form 9.900(e)?

Yes. Self-represented Florida litigants can file the form through the Florida Courts E-Filing Portal and present it to the assigned judge, though attorneys still draft the cleanest motions.

Does the judge sign the order without a hearing?

Yes. Most Florida circuit judges sign 9.900(e) orders ex parte when the motion includes a certified final judgment, an affidavit of nonpayment, and a clear deposition date.

Can the debtor refuse to answer questions at the deposition?

No. A debtor cannot refuse asset questions on relevance grounds, though the debtor may invoke the Fifth Amendment for truly self-incriminating answers under Florida Statute § 90.502.

Is failure to appear a crime in Florida?

No. It is civil contempt, not a crime, but the writ of bodily attachment that follows can lead to arrest and jail until the debtor purges the contempt.

Can Form 9.900(e) be used before final judgment?

No. The form is strictly post-judgment, and using it pre-judgment can trigger sanctions under Florida Statute § 57.105.

Does bankruptcy stop a 9.900(e) deposition?

Yes. The federal automatic stay under 11 U.S.C. § 362 halts most enforcement, although domestic support obligations are non-dischargeable under 11 U.S.C. § 523(a)(5).

Can I depose third parties using Form 9.900(e)?

Yes. Florida Statute § 56.29 allows proceedings supplementary against third parties who may hold assets of the debtor, though a separate notice of impleader is the cleaner path.

Are 9.900(e) orders confidential?

No. They are public court records filed in the public docket, though sensitive attachments such as Social Security numbers must be redacted under Florida Rule of General Practice 2.425.

Can the debtor reschedule the deposition?

Yes. A debtor can move for a protective order under Florida Rule of Civil Procedure 1.280(c), but the motion must show good cause, and judges rarely grant long delays.

Do I need a court reporter at the deposition?

Yes. Florida practice requires a sworn transcript for any deposition that may later support contempt, and a Florida-licensed court reporter is the standard.

Can attorney’s fees be recovered for the deposition costs?

Yes. Florida Statute § 61.16 and § 56.29(8) both allow fee shifting in family law and proceedings supplementary, and judges routinely award fees against debtors who force the deposition.