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Judgment recovery sometimes requires debtor exams, and sometimes also document production requests, on records from any 3rd-parties such as a judgment debtor's landlord, bank, or workplace. This article uses California for the example, and every Federal and State court has time limits on if things must get served. My articles are my opinions and are not, legal advice. I am a judgment broker, and not an attorney. If you ever want a strategy to use or legal advice, you should contact a lawyer. Before a third-party may get served a subpoena to produce copies of records concerning your debtor, an examination hearing for the judgment debtor exam themselves; must get scheduled at the court. Then, the clock begins running on the deadlines to serve the judgment debtor and any 3rd-parties. Because the judgment debtor must, and third parties either need to or should be personally served; it is a smart idea to schedule the exam date a lot further away than the minimum time period mandated by the law, the court, and the California examples in this article; to allow the registered process server time to get everybody served. The general rule as you calculate court deadlines, is to count in reverse starting with the calendar date you want folks to show up and bring (produce) documents, or answer questions. Remember that you need to take into account holidays, weekends, and the dates your court is going to be closed. The court's web site will almost certainly list any approaching holidays and closure dates. Courts always have their deadlines for having subpoenas served, in some method or another. An example might be fifteen days. Usually, you need to add a certain number of additional days if the service is done by mail. Count backward on the fifteen days. Don't include holidays, weekends, or days when your court is closed. Whatever date is calculated, is the final day the subpoenaed parties may be served. Usually, when consumer records are requested, like from a judgment debtor's employer, bank, or gas company; the debtor needs to be served a "notice to the consumer". In California, you would use form subp025.PDF, which tells the debtor of the possible choices. This notice gets served on your debtor a minimum of ten days before a third-party gets served if served by mail; or five days, when it is personally served, as per California CCP 1985.3(b)(3). I find CCP 2020.410 somewhat confusing. 2020.410 says that a subpoena shall get served by a "date that is no earlier than 20 days after the issuance, or fifteen days after the service, of the deposition subpoena, whichever date is later". The majority of enforcement professionals get third-party subpoenas served personally at least twenty days prior to the examination date, or 25 days, when third-parties get served by first class mail. After your debtor gets served their notice to consumer, which tells them that certain copies of their records will be requested by subpoena; they have 20 days that they can file a motion to quash the subpoena. When the debtor file this kind of motion, 3rd-parties can't disclose your judgment debtor's records until and unless a court denies your judgment debtor's motion to quash the subpoena. Mark Shapiro of: http://www.JudgmentBuy.com - with headquarters in California. The fastest and easiest free method of finding the right expert to buy or recover your judgment.
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