Post judgment discovery is a tool we use to assist us in determining a complete list of the judgment debtor’s assets and liabilities. We typically begin immediately after a judgment is rendered or domesticated. In almost all cases we send the judgment debtor requests for production of documents and interrogatories. In a few cases we will notice the judgment debtor for a deposition.
More often than not, the judgment debtor will not initially cooperate with providing responses to our written post judgment discovery nor appear at his noticed deposition. When this happens we immediately file a motion to compel requesting an order of the court which orders the judgment debtor to either respond to our written requests or appear at a deposition. At the hearing on the motion, if the judgment debtor appears, he must explain why he has not complied with our discovery requests.
If the judgment debtor does not appear at the motion to compel hearing, we obtain the order compelling discovery responses and serve the judgment debtor with same. If there is still no response, we move for contempt against the judgment debtor requesting him to appear and show cause why he should not be held in contempt and placed in jail for failing to obey the court’s order. At this point, more often than not, we get the responses to our discovery.
We handle commercial debt collection and debt collection defense, for businesses across the nation that have matters residing in Texas. To speak with a knowledgeable, dedicated, and aggressive attorney, Call (214) 880-9988 (Dallas) or (210) 550-1123 (San Antonio) for a free consultation today!