Using Document Production Requests To Recover Judgments
I am not an attorney, I'm a judgment broker
I am not an attorney, I'm a judgment broker. This article is my opinion, and is not legal advice, based on my experience in California. If you ever need legal advice or a strategy to use, please contact a lawyer.
It is important for judgment owners to know if their debtor possesses the ability to satisfy a judgment. The judgment debtor may likely try to lie concerning the existence of their assets and their capability to pay the money judgment.
Requests for the Production of Documents and Things (PDT) sometimes is a really useful judgment recovery procedure. This kind of request in certain places called a Subpoena Duces Tecum (SDT). In this article, an abbreviation PDT-SDT will be used for this discovery procedure.
The reason to use a PDT-SDT is to attempt to more completely analyze and locate the judgment debtor's assets. The things that the judgment owner directs the judgment debtor to bring is what is most likely to shed light on the judgment debtor's assets.
By using a PDT-SDT, your judgment debtor can be court commanded to bring documents and/or other tangible things, to be examined by the creditor at the court at a specific time and date. The judgment debtor is served with a summons by the court, to produce the paperwork as required. If the judgment debtor don't comply, they may get punished by the court.
Every PDT-SDT needs to be prepared by the creditor or their attorney, and approved, scheduled, and endorsed by the court. PDT-SDTs must comply with the court's standards, and be personally and properly served on the judgment debtor (or in certain situations, a 3rd party). If a debtor fails to answer a question or bring items, the creditor must bring that to the attention of the judge.
In many courts, the questions and demand list for items to be produced, are not endorsed by the court, and do not get added to the court's storage system.
The PDT-SDT items a judgment owner may request that the debtor produce, may include: recent tax returns, current financial statements, investment statements, bank statements, credit applications, titles for notes receivable, records for all business and personal property, business and personal credit card statements, and insurance policies.
Depending on what state and what court, the judgment debtor may think about about risking getting a contempt charge, for failing to respond thoroughly to your PDT-SDT.
When your debtor does not produce your requested information, documents, or things; then more info can be obtained by serving PDT-SDTs onto third parties who possess or know about any debtor assets. The third parties may be accounts, spouses, and attorneys; sometimes even when they attempt to assert a privilege claim.
PDT-SDTs are not trivial, needs a bunch of documents, and requires many copies to be done. You must pay the court and a process server for every party served. One should hire a lawyer, or when recovering a judgment that they own, become very familiar with the procedures and rules which apply for the court. Learning the methods of discovering and levying your debtor's assets, is very important for a successful judgment enforcement.
by: Mark Shapiro
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