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Filing # 99307665 E-Filed 11/22/2019 10:08:27 AM
IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT
IN AND FOR ST LUCIE COUNTY, FLORIDA
Seacoast National Bank, CASE NO.: 56-2010-CA-004087
Plaintiff,
vs.
Kevin Foster,
Defendant,
and
Duffy's of Stuart Inc,
Garnishee.
/
MOTION TO COMPEL
COMES NOW, the Plaintiff, Seacoast National Bank, and hereby files this Motion to Compel
directed to Defendant, Kevin Foster, and as grounds therefore would state as follows:
1. This case is in a post judgment context. Pending before the Court is a contested wage
garnishment action, wherein Plaintiff is attempting to collect the Final Judgment entered against Defendant.
2. In response to the wage garnishment action, Defendant filed a Claim of Exemption alleging
that he is head of family, such that his salary or wages are not subject to garnishment.
3. In order to determine this issue, Plaintiff propounded a Request for Production and Aid of
Execution directed to the Defendant, requesting that Defendant produce those documents that would
establish Defendant's Claim of Exemption. The documents were to be produced by Defendant by
November 19, 2019. To date, Defendant has not produced any documents for Plaintiff's review. A copy
of the Request for Production in Aid of Execution is attached hereto as Exhibit A.
4. The documents requested by Plaintiff in the Request for Production and Aid of Execution,
are important in terms of the issues relating to the pending wage garnishment action, in addition thereto, as
a judgment creditor of Defendant, Plaintiff is entitled to take financial discovery from Defendant as a matter
of law, even if there was no pending garnishment action.5. Defendant has not filed an Objection nor a Motion for Protective Order nor a Motion for
Extension of Time with regard to producing the documents sought by Plaintiff pursuant to Plaintiff's
Request for Production and Aid of Execution.
6. Based on the foregoing and pursuant to Rules 1.380 and 1.560 of the Florida Rules of Civil
Procedure, Plaintiff is entitled to an Order compelling Defendant to produce the documents requested by
Plaintiff in Plaintiff's Request for Production and Aid of Execution within a timeframe to be set by the
Court at the Hearing on this Motion.
WHEREFORE, Plaintiff, Seacoast National Bank, respectfully requests this Honorable Court enter
an Order granting Plaintiff's Motion to Compel and thereby enter an Order requiring Defendant to produce
those documents requested by Plaintiff in the aforesaid Request for Production and Aid of Execution for
the reasons about alleged.
I HEREBY CERTIFY that a copy of the foregoing has been furnished to Defendant, Kevin
Foster, 129 SW Hideaway Place, Stuart, FL 34994-4848 and Duffy's of Stuart Inc., <6 Mark
Rouleau, 1926 10 Ave. North, Lake Worth, f1 33461 by U.S. Mail on this 2 Oy of
November 2019.
Florida Ba 0.: 251062
c/o Accaunts Receivables Inc
2475 Mercer Ave, B307
WestPalm Beach FL 33401
Phone: (561) 697-4911
Fax: (561) 214-4168
Mare@4aronline.comIN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT
IN AND FOR ST. LUCIE COUNTY, FLORIDA
Seacoast National Bank, : CASE NO. 56-2010-CA-004087
Plaintiff, 1
vs. i |
Kevin Foster, i
Defendant,
and
Duffy’s of Stuart Inc, |
I
Garnishee.
/
REQUEST FOR PRODUCTION IN AID OF EXECUTION
PURSUANT to Florida Rules of Civil Procedure 1.350, Plaintiff would request the j :
Defendant, Kevin Foster, to produce and permit the copying and inspection of the following : |
documents and papers on or before the [9 Paay of November, 2019, ai the Offices of ARI, : |
2475 Mercer Ave, B307, West Palm Beach, FL 33401, and the Plaintiff would show unto the | |
Court that the Plaintiff has need of the following items, that the same are not privileged, that the
same are in the possession and control of the Defendant or Defendant’ s attomey or agent.
DOCUMENTS REQUESTED
1. Copy of Defendant’s 2017 Income Tax Return with all W-2 forms, 1099 forms,
schedules and exhibits included as part of the Income Tax Return.
2. Copy of Defendant’s 2018 Income Tax Return with all W-2 forms, 1099 forms,
schedules and exhibits included as part of the Income Tax Return,
3. Copies of any and all documents evidencing any income earned by Defendant during
calendar year of 2017.
4. Copies of any and all documents evidencing any income earned by Defendant during
calendar year of 2018.
Exhibit "A"CERTIFICATE OF SERVICE
IHEREBY CERTIFY that a true copy of the foregoing has been furnished to Kevin Foster,
129 SW Hideaway Place, Stuart, FL 34994 and Duffy’s of Stuart, Inc., c/o Mark Rouleau, 1926
10 Avenue North, Ste 300, Lake Worth, FL 33461 on this / t Pay of } A \
2019.
BY: s/Marc B Cohen
Marc B. Cohen, Psquire
c/o Accounts Receivables Inc
2475 Mercer Ave, B307
West Palm Beach FL 33401
Phone: (561) 697-4911
Fax: (561) 214-4168
Marc@Aaronline.com
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Filing # 99307665 E-Filed 11/22/2019 10:08:27 AM IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT IN AND FOR ST LUCIE COUNTY, FLORIDA Seacoast National Bank, CASE NO.: 56-2010-CA-004087 Plaintiff, vs. Kevin Foster, Defendant, and Duffy's of Stuart Inc, Garnishee. / MOTION TO COMPEL COMES NOW, the Plaintiff, Seacoast National Bank, and hereby files this Motion to Compel directed to Defendant, Kevin Foster, and as grounds therefore would state as follows: 1. This case is in a post judgment context. Pending before the Court is a contested wage garnishment action, wherein Plaintiff is attempting to collect the Final Judgment entered against Defendant. 2. In response to the wage garnishment action, Defendant filed a Claim of Exemption alleging that he is head of family, such that his salary or wages are not subject to garnishment. 3. In order to determine this issue, Plaintiff propounded a Request for Production and Aid of Execution directed to the Defendant, requesting that Defendant produce those documents that would establish Defendant's Claim of Exemption. The documents were to be produced by Defendant by November 19, 2019. To date, Defendant has not produced any documents for Plaintiff's review. A copy of the Request for Production in Aid of Execution is attached hereto as Exhibit A. 4. The documents requested by Plaintiff in the Request for Production and Aid of Execution, are important in terms of the issues relating to the pending wage garnishment action, in addition thereto, as a judgment creditor of Defendant, Plaintiff is entitled to take financial discovery from Defendant as a matter of law, even if there was no pending garnishment action.5. Defendant has not filed an Objection nor a Motion for Protective Order nor a Motion for Extension of Time with regard to producing the documents sought by Plaintiff pursuant to Plaintiff's Request for Production and Aid of Execution. 6. Based on the foregoing and pursuant to Rules 1.380 and 1.560 of the Florida Rules of Civil Procedure, Plaintiff is entitled to an Order compelling Defendant to produce the documents requested by Plaintiff in Plaintiff's Request for Production and Aid of Execution within a timeframe to be set by the Court at the Hearing on this Motion. WHEREFORE, Plaintiff, Seacoast National Bank, respectfully requests this Honorable Court enter an Order granting Plaintiff's Motion to Compel and thereby enter an Order requiring Defendant to produce those documents requested by Plaintiff in the aforesaid Request for Production and Aid of Execution for the reasons about alleged. I HEREBY CERTIFY that a copy of the foregoing has been furnished to Defendant, Kevin Foster, 129 SW Hideaway Place, Stuart, FL 34994-4848 and Duffy's of Stuart Inc., <6 Mark Rouleau, 1926 10 Ave. North, Lake Worth, f1 33461 by U.S. Mail on this 2 Oy of November 2019. Florida Ba 0.: 251062 c/o Accaunts Receivables Inc 2475 Mercer Ave, B307 WestPalm Beach FL 33401 Phone: (561) 697-4911 Fax: (561) 214-4168 Mare@4aronline.comIN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA Seacoast National Bank, : CASE NO. 56-2010-CA-004087 Plaintiff, 1 vs. i | Kevin Foster, i Defendant, and Duffy’s of Stuart Inc, | I Garnishee. / REQUEST FOR PRODUCTION IN AID OF EXECUTION PURSUANT to Florida Rules of Civil Procedure 1.350, Plaintiff would request the j : Defendant, Kevin Foster, to produce and permit the copying and inspection of the following : | documents and papers on or before the [9 Paay of November, 2019, ai the Offices of ARI, : | 2475 Mercer Ave, B307, West Palm Beach, FL 33401, and the Plaintiff would show unto the | | Court that the Plaintiff has need of the following items, that the same are not privileged, that the same are in the possession and control of the Defendant or Defendant’ s attomey or agent. DOCUMENTS REQUESTED 1. Copy of Defendant’s 2017 Income Tax Return with all W-2 forms, 1099 forms, schedules and exhibits included as part of the Income Tax Return. 2. Copy of Defendant’s 2018 Income Tax Return with all W-2 forms, 1099 forms, schedules and exhibits included as part of the Income Tax Return, 3. Copies of any and all documents evidencing any income earned by Defendant during calendar year of 2017. 4. Copies of any and all documents evidencing any income earned by Defendant during calendar year of 2018. Exhibit "A"CERTIFICATE OF SERVICE IHEREBY CERTIFY that a true copy of the foregoing has been furnished to Kevin Foster, 129 SW Hideaway Place, Stuart, FL 34994 and Duffy’s of Stuart, Inc., c/o Mark Rouleau, 1926 10 Avenue North, Ste 300, Lake Worth, FL 33461 on this / t Pay of } A \ 2019. BY: s/Marc B Cohen Marc B. Cohen, Psquire c/o Accounts Receivables Inc 2475 Mercer Ave, B307 West Palm Beach FL 33401 Phone: (561) 697-4911 Fax: (561) 214-4168 Marc@Aaronline.com