What do you do if you obtain a judgment, but the debtor still refuses to pay? An experienced creditor’s attorney can help you with post-judgment discovery, including conducting an examination of the debtor to determine the judgment debtor’s income and assets. During this exam, a knowledgeable lawyer can determine if any assets were concealed or fraudulently transferred to avoid satisfying your judgment.
An examination of the judgment debtor is initiated by issuance of a subpoena duces tecum or order to appear, and is similar to pre-judgment depositions, except that the specific purpose is to identify ways to satisfy the judgment. Your attorney will create a list of financial documents that the debtor must provide, including:
- Tax records
- Pay stubs
- Title to real estate
- Bank statements
- Insurance policies
- Credit card statements
- Stock or royalty holdings
- Business interests
- Any other financial document deemed relevant
Most creditor rights attorneys have a questionnaire they use for post-judgment exams to insure they cover every financial aspect of the debtor’s life.
If you are interested in learning more about post-judgment debtor examinations, contact the attorneys at Windtberg & Zdancewicz to schedule an appointment.
The attorneys at Windtberg & Zdancewicz, PLC, provide clients with experienced legal representation. Our attorneys handle cases from pre-litigation negotiations through litigation, obtaining and enforcing judgments to collect what our clients are owed. We are experienced in creditor’s rights including garnishments, charging orders, attachment, property execution, trustee’s sales, foreclosures, judgments, judgment collection, domestication of foreign judgments, and creditor’s issues in bankruptcy cases. If you need assistance, or are interested in learning more, please contact us at (480) 584-5660.