In many lawsuits, the real challenge begins after the plaintiff becomes a judgment creditor by winning the judgment. Collecting from the defendant can feel daunting, even impossible. Sometimes defendants have transferred their assets, hid their assets or have no assets.
Courts universally permit a judgment creditor to ask questions of the debtor in a deposition in aid of enforcement. This deposition allows creditors the chance to uncover assets and other collection possibilities. An industrious judgment creditor can’t stop the debtor from lying under oath, but they can ask the right questions. Here are proven methods for getting the best from your post-judgment deposition:
Sometimes, the debtor honestly has no assets and has made no transfers from which the judgment may be paid. But the creditor shouldn’t make it any easier on the debtor by not taking all the right steps and asking all the right questions.