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Federal Trade Commission v. Peoples Credit First, LLC

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Before EDMONDSON, KRAVITCH and ALARCÓN,*fn1 Circuit Judges.

This case raises a question of Florida law. The question is whether a court, at the request of a judgment-creditor, may order a judgment-debtor to surrender all “right, title, and interest” in the debtor’s single-member limited liability company (“LLC”), even though that LLC is no party to the garnishment action. The case returns to us after we certified a question to the Florida Supreme Court. See Fed. Trade Comm’n v. Olmstead, 528 F.3d 1310 (11th Cir. 2008) (“Olmstead I”); Olmstead v. Fed. Trade Comm’n, — So. 3d — (Fla. 2010), 2010 WL 2518106 (“Olmstead II”). Based on the Florida Supreme Court’s response to this question, we conclude that a court may order a judgment-debtor to surrender all “right, title, and interest” in the debtor’s non-party single-member LLC to satisfy a judgment- creditor’s claims; therefore, we affirm the district court.

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