|
I am not an attorney, I am the nation's only judgment broker. This article is my opinion, and not legal advice, based on my experience in California. If you ever need legal advice or a strategy to use, you should contact an attorney. It's vital for judgment owners to know whether the judgment debtor possesses the ability to repay a judgment. Your judgment debtor may often try to hide the truth about what assets they have and their capability to pay your judgment. A request for the Production of Documents and Things (PDT) sometimes is a very helpful judgment recovery tool. This kind of request in certain places referred to as a Subpoena Duces Tecum (SDT). In this article, the abbreviation PDT-SDT will be used for this discovery tool. The reason to serve a PDT-SDT is to attempt to more completely locate and analyze the judgment debtor's assets. The items that the judgment owner instructs the judgment debtor to bring is what is most probable to shed light on the judgment debtor's assets. By serving a PDT-SDT, your debtor can be legally commanded to bring paperwork and/or other tangible things, to be examined by the judgment owner at the court on a future date and time. Your debtor gets served with a summons by a court, to bring their evidence as specified. If they do not comply, they may get punished by the court. All PDT-SDTs must be prepared by the creditor or their attorney, and scheduled, approved, and endorsed by the court. PDT-SDTs need to conform to the court's rules, and get personally and properly served on the debtor (or in some situations, a 3rd party). When a debtor fails to answer a question or bring an item, the creditor needs to bring this to the attention of the judge. In many courts, the demand list for items to be produced and questions, aren't filed with the court, and do not become part of the court's case files. Some PDT-SDT items a judgment creditor may request that the debtor produce, may include: tax returns, investment statements, current financial statements, credit applications, bank statements, 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 which court, the debtor might think twice about running the risk of being a contempt charge, for failure to respond correctly to the PDT-SDT. If your judgment debtor does not produce the requested information, documents, or things; then additional info can be obtained by serving PDT-SDTs on third parties that possess or know about any judgment debtor assets. The third parties may be accounts, spouses, and attorneys; perhaps 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 each served party. One should hire a lawyer, or when recovering a judgment which they own, become very familiar with the rules and procedures that apply at your court. Learning the ways to discover and levy the judgment debtor's assets, is important for a successful judgment enforcement. http://www.JudgmentBuy.com - Judgment Enforcement. The free, easiest, fastest, and best way for the best chance to get money for your judgment. Mark D. Shapiro, an expert on judgments. JudgmentBuy offers the best no obligation free judgment referral leads for judgment buyers, collection agencies, enforcers, and contingency collection lawyers.
Related Articles -
Post-Judgment Discovery, debtor's assets, SDT, enforce my judgment, judgment enforcement process, how to enforce my judgment,
|
