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3rd DCAJune 22, 2022Petition Granted; Order Quashed⭐ Notable

Tallo v. Illes

Case No. 21-1206

A judgment debtor's spouse, a nonparty, sought certiorari review of an order to show cause why she should not be held in contempt for failing to produce her personal financial information to the judgment creditor. The Third District granted the petition and quashed the order, holding the trial court compelled nonparty financial disclosure without the required predicate showing of relevance, generally established at an evidentiary hearing.

Key facts

  • Spouse of judgment debtor (nonparty) sought certiorari review of trial court order to show cause regarding contempt for refusing to produce personal financial information to judgment creditor.
  • Trial court compelled nonparty financial disclosure without requiring judgment creditor to first establish relevance through an evidentiary hearing.
  • +2 more key facts with a free trial

Why it matters

Useful authority for nonparties — particularly spouses of judgment debtors — resisting aggressive postjudgment collection discovery into their personal finances. The Third District expressly adopts the Second District's… — full analysis with a trial

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