Post-Judgment Proceedings - The Citation to Discover Assets

Creditor Collections 2009/10/06 02:17

Suppose you obtain a judgment for money damages, either following trial or by default, what's next?  Most likely, the judgment debtor isn't going to hand you a check

on the way out of the courthouse.  And should the debtor claim he/she is unable to pay the judgment, you would be well served to verify this information.  Enter the

Citation to Discover Assets.

Creditors must obtain leave of court to issue a Citation to Discover Assets and the judgment debtor needs to be advised of his/her rights.  The Citation is held under

oath and usually in the presence of a court reporter.  During the Citation, the judgment debtor will be required to produce copies of documents evidencing their

financial condition.  These usually include tax returns, bank statements and any other information regarding assets owned by the debtor.  Once identified, the creditor

can move to lien the debtor's property and eventually seek a turnover order from the court, thus effectively taking control of the given assets. 

Harsh penalties are possible for judgment debtors who fail to to comply with court orders setting Citations, so it is a post-judgment tool with teeth.

Contact us today for a free consultation at 312-419-9599 to discuss your collection issues.   

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