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There's a important differences between prejudgment depositions and post-judgment debtor exams, which are often abbreviated as JDXs. (JDXs are also called ORAPs - ORders to APpear, or OEXs - Orders for a debtor's EXamination.). This article uses California for the example, although the concepts described here are related to those in the majority of jurisdictions. This article is my opinion and is not, a legal opinion. I am a judgment broker, and not a lawyer. When you want a strategy to use or legal advice, please retain a lawyer. In California, there is no such thing as a post-judgment deposition. A deposition is sent before a judgment is decided; during an active lawsuit, usually during the lawsuit discovery stage. You do not need to have an attorney present for depositions (or for a debtor exam). There's three primary differences between a deposition and a debtor exam: 1) In most jurisdictions, depositions are most often for current lawsuits, debtor exams always are used in post-judgment circumstances. 2) Pre-judgment depositions get subjected to a large range of possible objections when responding to a question or requests for document evidence. judgment debtor exams are rarely subject to court-ordered objections to questions, or (when the correct procedures get observed) to produce documents. 3) A defendant in a pre-judgment deposition can assert several rights not to answer a question, in contrast to a post judgment exam, it is very rare that a judgment debtor may refuse to answer a question, although debtors may lie whenever they want. If it is a prejudgment deposition, a deposition-related subpoena gets served, and whenever that subpoena orders the deponent to show up in court; then a court reporter will swear the deponent in and records their answers, and it becomes evidence that is admissible. At your debtor examination, any evidence you discover (for example by maybe hiring a court reporter) is for you only; it's not filed with your court. You may use any info you find as either a possible lead toward assets to try to garnish in the future, or some idea on whom to bring in next as a 3rd-party witness; or to maybe help with some possible new (e.g., fraudulent transfer) lawsuit. In a debtor examination, the form of the question asked is not a reason for a debtor not to answer your question. An attorney can object to a question, however after that a deponent (that may become a third-party witness, however most often is the judgment debtor) most often must answer the questions or they may lie. See Stewart vs Colonial Western Agency 87 Cal. App. 4th 1006. Many experts and attorneys start depositions and debtor examinations with their direct questions, and just do admonitions (briefly reminding people about penalties and/or laws) when it is necessary. Admonitions are very often used when the debtor's testimony is about to "get good" (the deponent is about to start lying). The 1986 civil discovery act doesn't apply to debtor examinations. Because debtor examinations aren't court trials, it's difficult to imagine some lawyer bringing a motion later to exclude answers provided in the debtor's examination, as they would in a deposition, to exclude answers in a trial. With post judgment exams, the court order directing your judgment debtor or some third-party to show up for your examination, is the only method for taking post-judgment testimony. Judgment debtor examinations always are done at court, however they usually take place primarily inside a jury room or out in a hall area, rather than inside the courtroom. A debtor examination is a public hearing, and the court immediately decides on any objections. Some depositions aren't heard at court; they are sometimes accomplished via the mailing them or at a lawyer's office, etc. Getting relief to objections on a deposition request usually needs a noticed motion. In certain courts, a judge may decide deposition disputes on the telephone. The range of questions you can ask at a judgment debtor exam is much more comprehensive than with a deposition. While the general rule is that general rules are usually not applicable; in California the spousal privilege doesn't often apply in an examination proceeding, as per Code of Civil Procedure 708.130. Judgment recovery, is a collections attempt, this means to collect or enforce your judgment. Judgment buyers can help you with your judgment collection efforts. Mark Shapiro of http://www.JudgmentBuy.com - Your fastest and easiest free way to find the right expert to recover or buy your judgment.
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