Post Judgment Discovery

In order to effectively enforce your judgment, you will need to obtain relevant information regarding your debtor and his/her assets. Discovery refers to the formal process where you request the relevent information or documents from your judgment debtor in an attempt to “discover” pertinent facts. Among the discovery tools that are commonly available in various court jurisdictions are: interrogatories, depositions, requests for documents or things to be produced, or permission to enter upon land or other property for inspection or other purposes. You need to check with an attorney, or read the rules of procedure for the particular court in order to find out which methods of post-judgment discovery are available to you. In my experience, I have found that some judgment debtors who totally fail to cooperate and who indicate no willingness to pay their judgment debt, sometimes become very submissive as soon as they are served with a request for post-judgment discovery.

The realm of information which is obtainable by the process of Post-Judgment Discovery is normally very broad. It is usual in many courts for a judgment creditor to be able to use as many of the methods of discovery as necessary to uncover the facts about the debtor and debtor’s assets. You can’t easily collect your judgment if you don’t know what assets your adversary possesses.

Discovery may be made upon others besides the judgment debtor. For example, a demand may be made for another person or organization to produce records or to answer questions about the debtor and his assets. You may demand that the debtor’s employer provide employment and payroll records. A financial institution may be required to provide information on the debtor’s accounts. The wide range of possibilities for getting to the truth about your debtor’s hidden assets is very encouraging. Post-judgment discovery can be very helpful.

If the judgment deadbeat won’t cooperate with the discovery process, it is certainly a possibility that he can be charged with contempt of court. Believe me, this will get his attention fast! He won’t want to be arrested and taken to jail.

It is well worth the time to educate yourself about the subject of discovery methods. We will have more specific things to write about this topic shortly. In the mean time, keep reminding yourself that you deserve to get your money. Justice demands that you collect your judgment!

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