[Linda_Brazier]

I have filed for discovery, after receiving a judgement, in a civil case in district court. I have been given a court date. What should I ask the defendants when I get there?

[twinkiedooter]

You need to file a Motion for Discovery listing everything you want before the hearing is scheduled. The other party has so many days to supply you with these documents. Usually you file for discovery of documents before a judgment is entered.

[Linda_Brazier]

Perhaps I did not ask my question correctly. I have a judgement awarded by the court.My problem has been collecting it. So, I want back to court to get a discovery subpoena to collect on the deblt owed me. I'm not sure of the question to ask the defendant to get the right responses.

[Linda_Brazier]

Perhaps I did not phrase my qustion properly. I have a judgment awarded by by court. My problem has been in collecting it. The court has subpeonaed the defendants for discovery of asset accounts and such. I'm not sure what questions to ask the defendants to get the right answers.

[twinkiedooter]

You need to file Financial Interrogatories on who you are trying to collect the judgment on. This would have them list all their assets, bank accounts with numbers, location, etc. You need to put the financial interrogatories together and serve a copy on them in time for them to answer. And if they don't answer you can move for a Compel the Answers at the hearing. If you ask for discovery you would have to ask for copies of their bank statements, savings account statements, pay stubs, things along that line. You can do both if you like as they are allowed.

If this is an individual you are trying to collect off, they may have already moved any assets to someone else or closed their bank accounts.

Sorry, I did misunderstand your question as I thought you had the judgment against you.

[AK lawyer]

... I have been given a court date. What should I ask the defendants when I get there?

... The court has subpeonaed the defendants for discovery of asset accounts and such. I'm not sure what questions to ask the defendants to get the right answers.

So the defendants have been ordered to appear in court and answer your questions?

Ask them about each bank account they may have. Ask them the amont in such account, the name and branch of the account, and the account number. This information will be necessary if you want to execute on the bank account.

Ask them for the description and location of all real and personal property (including land, buildings, automobiles, jewelry, household goods, firearms, watches, musical instruments, and any other category of thing you can think of) they own.

Ask them in different ways, lest they "forget" about an asset in response to an earlier question.

And, (I kid you not.), ask them to empty their pockets.

[JudyKayTee]

Where is this? In NY there's a form that a Plaintiff can use to determine assets/accounts/etc.