![]() Post Judgement InterrogatoriesĪ creditor can also send post-judgment interrogatories to a judgment debtor. 621(a).Ĭreditors can also depose third parties, for example a non-debtor spouse, who have knowledge about or are in possession or control of the debtor’s property. One major distinction is that there is no time limit set on a post-judgment deposition. A deposition notice is served, the deposition is scheduled at a pre-agreed location, and a court reporter records the deposition. In a post-judgment context, the deposition is taken pursuant to the same rules and procedures as in ordinary litigation. ![]() The purpose of the deposition is to find out what assets are available to satisfy the Judgment, through questions about current employment, future employment prospects, questions about future or contingent interests in property, and questions about plans for a business. If the judgment debtor is a corporation, the person deposed is usually the president or a financial officer. Once the Court signs the judgment, the creditor can notify the judgment debtor of its intention to take the debtor’s post-judgment deposition. One discovery tool is post-judgment depositions. Post-judgment discovery works the same way as regular discovery and is governed similarly by court rules that dictate what information or documents the parties may exchange, timeframes for exchanging it, and penalties for defying discovery requests, which could even include the debtor going to jail. The purpose of these tools has a razor-sharp focus – to discover what assets the debtor has that can be used to pay the judgment against him or her. These can be used on the debtor or on third parties with knowledge of the debtor’s assets, like accountants, bookkeepers, banks, title companies, insurance companies, law firms, partnerships, brokerage firms, and trustees. Post-judgment discovery may include common tools known in civil or criminal cases such as depositions, interrogatories, requests for admissions, and demands for the production of documents. You or your attorney have at your fingertips the full scope of discovery available to you under the same docket number and caption used during the litigation. In Texas, post-judgment discovery is like discovery during an active litigation. ![]() What Is Post-judgment Discovery in Texas? The case may be over, but certain techniques used by lawyers, specifically discovery, are still available to help collect on a judgment in Texas. After a monetary judgment is executed by a Texas Court, it’s up to a successful Plaintiff, who now becomes the judgment creditor, to enforce it against the unsuccessful Defendant, now the judgment debtor.
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