Discovery of Personal Financial Information Pre-Judgment

I have been asked many times whether a creditor can demand production of and inspect a debtor’s personal financial information after a lawsuit is commenced but before the creditor gets a money judgment against the debtor. The general rule in Florida is that discovery of personal financial information in civil cases– other than divorce– is irrelevant and usually prohibited before final judgment. See Friedman v. Heart Inst. of Port St. Lucie, Inc, 863 So 2d 189, 194 (Fla 2003). In a very recent case issued December 8, 2004, the Fourth District Court of Appeal allowed a plaintiff to review a defendant’s personal financial information prior to judgment. All About Cruises, Inc. v. Cruise Options, Inc., 2004 WL 2823244 (Fla .App. 4 Dist.,2004). The appellate court said that financial discovery may be limited t an in camera inspection or may require the proponent to post bond, but neither of these conditions are required and the terms of such financial discovery are in the trial judge’s discretion.