post judgment interrogatories

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Post Judgment Oral Examination of a Judgment Debtor

Monday, October 29th, 2018

Following up on my earlier blog posts that included post-judgment interrogatories and requests for documents, a judgment holder can also request that the debtor appear before a court-appointed examiner and answer questions under oath from the judgment holder’s counsel.  Failure of the Debtor to appear for the exam or answer the questions truthfully could lead to imprisonment of the Debtor.

Here is a sample of some of the questions I ask in an oral examination:

Background

  1. Please provide your full name, including aliases.
  2. What is your soc Sec No.
  3. What is your Driver’s License Number.
  4. What is your date of birth.
  5. How many children do you have?
  6. What are the names of your children and their ages?
  7. Provide your children’s social security numbers.
  8. What is your current home telephone.
  9. What is your current cell phone numbers?
  10. Provide all email addresses you have used during the past 3 years?
  11. Provide the name, address and phone number for your 3 closest relatives not living with you?

Residence

  1. What is your current residence as of this morning?
  2. Do you own or rent?
  3. Are you current on your mortgage payments?
  4. Name all other real property owned by you or your spouse jointly or individually.
  5. Name all other real property rented by you or your spouse jointly or individually.
  6. [If renting, give name/address/phone number of the estate agent/landlord.]
  7. Have you recently moved?
  8. Name all addresses where you and/or your spouse have slept over the past 90 days.
  9. Provide all of your previous addresses utilized by you or your spouse over the past 7 years.
  10. Is your current residence up for sale?
  11. How much are you asking for it?
  12. How much is owed on it?
  13. Are you planning on moving?
  14. Are you in the process of purchasing or renting a new residence?
  15. If so, what will be your new address?
  16. How much did the new house cost?
  17. Provide the names of all persons currently living in the same location with you. 

Vehicles

  1. Name all motor vehicles owned by you or your spouse.
  2. Owned or leased?
  3. Year/make/model/condition?  Registration number?  License plate number?
  4. Are the vehicles owned outright or are they financed?
  5. If so by whom?
  6. Are you in the process of buying a motor vehicle?
  7. What are the vehicles worth today?
  1. List the automobiles purchased by you or your spouse within the past 7 years.
  2. Do you or your spouse own a boat? If so, follow up.

I also ask detailed questions about current employment and employment history, bank accounts, general financial questions dealing with stocks and other investments, IRAs, retirement, life insurance, wages and income, tax returns, and any other sources of income or assets.