Interrogatories Help Collect Your Judgment
When you obtain your money judgment against your legal adversary,
the debtor usually ignores the judge’s order to pay you. It
is not at all unusual for the debtor to try to lie his way out of
paying the judgment debt.
Part of the strategy used by the debtor is to hide
assets. He normally will also try to deceive you into believing
that he doesn’t have the income or assets sufficient to pay
the judgment. Some of these guys are really sneaky. Many times they
have a long history of not paying judgments or other debt that they
In many many cases, the judgment debtor does have
the financial resources sufficient to pay the judgment, at least
on a payment plan, if not in a lump sum. Just listening to them
though would lead you to think that collecting your judgment is
a hopeless cause.
In order to get the whole truth about their income
and assets it is possible to use a legal tool known as “Interrogatories.”
This is a method where you have a list of questions served upon
your debtor that he is obligated to answer truthfully and completely.
He will have a strict time limit in which to reply to the questions
and return the fully answered interrogatories. You will need to
look at the Court’s Rules of Procedure to find out how interrogatories
are properly handled. Different states and courts allow different
numbers of questions to be included. The time limit for the debtor
to respond will vary in different jurisdictions also. Obviously
you need to apply this judgment collection tool in full compliance
with the rules of your court.
Interrogatories are used effectively to get to the
facts about your debtor and his finances that he wishes you would
never be able to find out. You can ask questions about his employment
and income. You can inquire about his bank accounts, real estate,
stocks and bonds, or just about anything else that you need to know.
If your debtor fails to comply with the court rules or if he is
untruthful in answering the questions, the judge may take punitive
action against him. He could be found to be in contempt of court.
If your debtor isn’t forthcoming in his responses to interrogatories,
it gives you an avenue for the courts to force his compliance or
he will face unwanted lgal consequences.
I love interrogatories. It is a fantastic method
of gaining the upper hand over a debtor who is reluctant to reveal
the facts about his ability to satisfy the money judgment. The knowledge
gained by implementing this tool can be tremendously helpful in
your quest to discover assets and income. And it is so very encouraging
to know that the debtor can’t really afford to ignore full
compliance and truthful response. When you are moving to enforce
your judgment, pertinent information acquired through interrogatories
can be enlightening, encouraging, and effective.