Verdict Form - Updated April 2021. Tex. e. If a claim was filed, the amount of the claim, the full name and address of the agent who processed it, and how much of the claim was paid. f. The complete contents of the statement, copying it verbatim or, if you will do so without a court order, attaching a copy of the statement to your answers. The total time to trial is usually 9 to 12 months. P. Tailor post-judgment discovery to individual and to entity due to exemption issues Has the corporation made any payment exceeding $500 to any creditor within the last four months? Page the Legislative Offices of Seth Kretzer on 713-775-3050 or contact us online today to discuss your case. c. the license number and state of issuance of each drivers license in any of your names Please include all nicknames and aliases. If so, for each proceeding please state: a. If so, for each transaction please state: a. Post-judgment discovery is a set of questions called interrogatories to be answered and a list of documents to be sent to the creditors lawyer. Rule 215 - Abuse of Discovery; Sanctions. WebCPRC 34.001; CadleCo. Do not hesitate to respond by saying that you no longer have such records. Does the corporation have the right to enter any depository, including but no limited to safes, vaults, and safe-deposit boxes, for securities, cash, or other valuables? TREC Consumer Protection Notice The kind of disposition; e. the face value of each share; WebThere are Few Limitations on Post Judgment Discovery. Excessive discovery, whether successful or not in achieving its goal, nonetheless translates into many billable hours for creditors attorneys. If it has, for each payment please state: a. Please name each state in which the corporation does business. Those steps are as follows: 1. Real Property Owned: Each document which provides a description and/or value for each interest in real property owned by you (including but not limited to deeds, notes, deeds of trust, insurance policies, closing statements, ad valorem tax statements, and appraisals) from _____ to the present, regardless of whether or not such property is still titled in your name as of this date. c. The transferees full name and complete address; 3. There is time for at least some asset protection work. Post-judgment discovery works one same way as regular discovery and is governed equally by law rules that decree get information or documents the parties may austausch, timeframes for trade she, and penalties for defying disclosure demands, which could even include the debtor going to jail. c. the contents of the financial statement, copying it verbatim or, if you will do so without a court order, attaching a copy of the statement to your answers. Rule 621a - Discovery and Does the corporation hold any real or personal property in trust for any person or entity? If these copies amount to more than one hundred pages, you may comply by stating that they may be inspected or will be made available without a court order. g. Each date on which a payment was made; You wanted a vacation, you took one. Under California Family Code 218, when a request for order or other motion is filed and served after entry of judgment, discovery shall automatically reopen as to the issues raised in the post-judgment pleadings currently before the court.. The complete address of the present location of each document or contract of insurance issued to the corporation in connection with or as evidence of the policy; If you have transferred, assigned, or otherwise conveyed any interest in real or personal property since Jan. 1, 2012, including any substantial or bulk transfer of inventory or stock in trade, then please state: (a) A description of the property so conveyed; (b) the name(s) and addresses of the persons, businesses, or entities to whom such property was conveyed; and. a. the full name and complete address of the institution holding the account; c. each trustees full name and complete address; The court may specify conditions for the discovery, including allocation of discovery costs. art. 2. In conjunction with the execution procedure, the judgment creditor may also send post-judgment discovery. d. The value of each asset transferred. Allow your attorney to guide you. If it does, for each piece of property so claimed, please state: a. e. the complete contents of each inventory, copying the inventories verbatim or, if you will do so without a court order, attaching copies of them to your answers; and WebLimitations on Post-judgment Discovery in Texas | What to Know - CHAPTER 1 RULES OF CIVIL PROCEDURE There are Few Limitations on Post Judgment Discovery. e. The disposition of the proceeding or its present status. d. A complete description of the collateral securing the debt, as shown on the security agreement; WebProposed Order to Compel Discovery Responses. 16. The party requesting discovery must give the responding party at least 30 days to respond to a (7) two firearms; Often g. the present market value of the property; and the amount paid for the property. If you believe or contend that material information or documents exist that are responsive to these interrogatories or to the attached requests for production but are not in your possession, supply: (a) the name of the person who has possession of such information or documents; Please supply three dates within the next 90 days on which you will be available for an oral deposition. The changes to the discovery rules will undoubtedly impact family law cases filed on or after January 1, 2021. ); Get 24/7 713-775-3050. b. Force the creditors attorney to come back with supplementary questions if he or she is not satisfied. WebA. Webpost-trial motions filed under Rules 59 or 60, and the disposition of a motion for approval of a supersedeas bond.12 The federal rules more broadly provide for stays [a]t any time after judgment is entered.13 In both state and federal courts, trial courts have discretion to determine whether to issue a stay and, if so, what This article will discuss and also give examples of post-judgment discovery interrogatories, requests for production, and depositions directed at the defendant by a judgment creditor. d. the source of the trust assets; and DISCOVERY PLUS ENFORCEMENT OF JUDGMENT. Do not offer or agree to obtain them. As to the person or persons who participated in responding to these Interrogatories please supply: (a) the name and title of each such person; (b) the home address of the defendant in this case; (c) the business address of the defendant in this case. For each person who is an officer of the corporation or has been an officer at any time in the last five (5) years, please state. And that can lead to contempt. b. If there is, for each unpaid judgment please state: a. b. See the resources below for more The format and procedure is the same as for any trial deposition, except the focus is now on assets, their location, and their value. Discovery is the d. Whether the loss was covered by insurance and, if it was, the name of the insurance carrier, the policy number, the policy limits, and whether a claim was filed; and f. If the debt is paid in cash, the full name and complete address of the source from which the cash is obtained. 78. Our article Asset Protection in Texas describes two sets of asset-protection strategies those employed before suit is filed and those more limited options available after suit is filed. (10) the following animals and forage on hand for their consumption: (A) Two horses, mules, or donkeys and a saddle, blanket, and bridle for each; ); (d) the nature and/or percentage amount of your ownership in the business (e.g., 100% membership interest in a certain limited liability company); (e) the name of the person who has the most knowledge of the assets and liabilities of the business; (f) the present value of your interest in each such business; (g) the registered agent and registered address of the entity, if a registered entity; (h) with respect to any bank at which the business has a bank account, state: Identify jobs and/or contracts awarded to you relating to services or products you provided or will provide for compensation from and after January 1, 2012 to the present. Just before the 10year anniversary of the default judgment, the Larsons secured the issuance of a writ of execution and delivered the writ to the constable on November 29, 2012. (C) 60 head of other types of livestock; 5718 Westheimer, Suite 1000 d. The contents of resulting reports, copying them verbatim or, if you will do so without a court order, attaching copies of the reports to your answers. How much money would the corporation be able and willing to pay to Plaintiff in the next thirty days to enter a payment plan in this matter? You refinanced your house and injected equity to lower the payment. c. The name of the old beneficiary; and copies of share certificates or member certificates b. c. The amount of the debt to which it pertains; e. the balance of the corporations account with the broker five (5) calendar days before these interrogatories were received by the corporation. If the reports amount to more e. than one hundred pages for all of them, you may comply by stating that they may be inspected or will be made available without a court order. b. What Is Post-judgment Discovery in Texas? XVI, Sec. b. the full name and complete address of the institution holding the account; The date it was removed; The full name and complete address of the debtor ; WebWhat Discovery Applies to Post-Judgment Modifications? Learn about post-judgment interrogatories, and get professional help after Set Kretzer available! WebPOST-JUDGMENT DISCOVERY Use any pre-trial discovery tool post-judgment, Rule 621a, Tex. If it does, for each trust please state. Have any corporate minutes been prepared? Does the corporation maintain a pension plan, profit-sharing plan, or other entity or trust in which the corporation or any employee, officer, or shareholder of it has an interest? b. a. Plaintiff files his affidavit and the Interrogatories. e. The manner of payment (cash payment, transfer of inventory, etc. Motion for Judgment on the Verdict Purposes . If you operate primarily online and do not save the paperwork, say so. 37. Please attach to your answers a copy of each of the corporations federal income tax returns and IRS Forms 940 and 941 for the last five (5) years. P. Post-judgment discovery is not limited like pre-trial discovery, Rule 190.6, Tex. If you or your employer has won a judgment, you will need a accredited with specific experience enforcing post-judgment collections using effective post-judgment discovery techniques. c. A complete description of each item of property involved; and c. The full name and complete address of each person involved; and Please state the corporations present complete address (street address, city, county, state, zip code) and each telephone number, including area code, of the corporation at that address.) c. The full name and complete address of the assignee; and d. each beneficiarys full name and complete address; and c. a complete description of the interest, 35. (6) jewelry not to exceed 25 percent of the aggregate limitations prescribed by Section 42.001(a); c. the date it was paid, 38. If you have an ownership interest in any real property (land), for each parcel, please state: (a) The address and legal description of the property; (b) a description of the improvements upon the property; (d) the present value of your equity interest in the property; (e) the amount you paid for the property; (f) The name and address of each person or business, other than you, with an ownership interest in the property. e. your complete business address and telephone number. c. The face value of the policy on the death of the insured; d. Whether any suit or action has been brought to reduce the claim to judgment; if so, please state If it has, for each policy please state: a. Meb owned and judgment must issue could be taken against this will direct to post judgment, posts that must be a hearing is sought. If so, for each depository please state. Copyright 2021 by David J. Willis. If so, for each such account please state. The full name of the account; 31. c. the title of the office held; a. the legal and common descriptions and the location of the property; At any time in the last five years, has the corporation made any payment in extension or compromise of a debt? d. The grounds alleged; and You or your attorney take per A complete description of the property removed; Consult your attorney and have a response plan in place. f. The full name and complete address of each person or entity now having custody of them; Optional Appellee Statement of Election to Proceed in District Court (Superseded) Bankruptcy Forms. patents, copyrights, trademarks, franchises, and other licenses. e. The date the policy was issued;. 71. As amended through January 27, 2023. c. The date of notice. a. Post-judgment Depositions. If you own or operate any business, directly or indirectly, state: (a) the principal address of business and telephone number of the business; (c) the form of organization of the business (e.g., sole proprietorship, corporation, limited liability company, etc. WebTitle: United States District Court Writ of Execution (Form DC11, Rev. 83. d. The payment or other consideration the corporation received in exchange. Proc. In Texas, post-judgment discovery is like discovery during and active lawsuits. Call the Law Offices of Seth Kretzer at 713-775-3050 or contact us online today to discuss your case. The creditors full name and complete address; At any time in the last five years, has the corporation made any payment as an extension or compromise of a tax claim? As amended through May 2, 2023. List each item and state the estimated value of the intellectual property in which you have an ownership interest, including trademarks, copyrights, and/or patents. The full name of the account; At any time in the last five years, has the corporation transferred, conveyed, or assigned any property or any rights in any property under any condition or made any loan or pledged any property to any officer, director, or shareholder, or to any relative, spouse, spouses relative, friend, or acquaintance of such a person? If so, for each item of encumbered property please state. b. The changes to c. the full name and number under which the account is maintained; Rule 621a - Discovery and Enforcement of Judgment. This is related to more fact finding and asset locating which is done by the creditor to look for non-exempt assets after the judgment has become final. b. Does the corporation maintain any bank account, including but not limited to checking accounts and savings accounts? WebPost-Judgment Discovery is essentially a series of questions that will help the creditor identify your non-exempt assets that they could potentially go after as they continue their In the last five years, has any person or entity paid or transferred to the corporation assets in any form, including money, worth more than $1,000? h. whether the corporation now owes any money to a person or entity for the purchase of the security. f. full name and complete address of each person or entity from whom the security was acquired, regardless of the means of acquisition; b. the amount of the debt the property was pledged to secure and the current amount of the debt; 84. If so, for each plan please state: a. Because of Texas extensive list of items that are exempt from execution on a judgment (See our article Homestead in Protections in Texas for details), many average debtors will be effectively judgment proof. 2-06-459-CV, 2008 WL 754992, at *2 (Tex.App.-Fort Worth Mar.20, 2008, no pet.) Exhibit A is an example of post-judgment interrogatories that might be sent to an individual debtor; Exhibit B lists likely questions that would be asked of a debtor who is a corporation or an LLC; and Exhibit C is an example of requests for production of documents that might follow a final judgment. If appropriate, please include your name before your marriage and all married names. 45. (b) the case number and court in which such judgment was entered. Reviving Judgments Writ of ScireFacias c. The full name and complete address of the recipient of the payments; a. the full name and complete address of the buyer; If you alternatively your client has won a verdict, you will need a lawyer with specific experience enforcement post-judgment browse using effective post-judgment discovery techniques. If so, for each trust please state. 7/82) Created Date: 19980623142458Z 43. Certain key items are excluded from the above list, namely cash on hand, cash in banks, investments in non-homestead real estate, and investments in non-retirement plan stocks and LLC membership interests. In Texas, post-judgment discovery be enjoy discovery during an active litigation. c. the date each return was filed and the address of the Internal Revenue Service office where filed; e. A description of the terms under which the corporation or any person in any of the above-described categories can receive money or property under the plan. WebReviewing these trade may be usable until a soon-to-be judgment debtor include knowing what to expect for post-judgment discovery. e. the ownership of the property stated in the title documents and the location of each document; f. the present value of the corporations equity interest in the property; Those are reasonable actions that are justifiable in the ordinary course of life and business. c. the name, number, and location of the court administering the estate; 22. SAMPLE POST JUDGMENT REQUESTS FOR PRODUCTION Information in this article is provied for general informational and educational purposes only and is not offered as legal advice upon which anyone may rely. 88. (3) farming or ranching vehicles and implements; If you owe money to any person, business, or entity other than Plaintiff, then please state the name and address of each person, business, or entity to which you owe money and the amount owed to each. Motions for judgment are not required, or even mentioned, in the Texas Rules of Civil Procedure. If these papers amount to more than one hundred pages, you may comply by stating that they may be inspected or will be made available without a court order. 61. c. The cause, nature, and amount of the loss; WebOnce a party has obtained a judgment, the party may request the issuance of post-judgment interrogatories, which will require the defendant to answer the seven statutory questions (listed below) for the purpose of aiding in collection of the judgment: List your full name, telephone number, and address, including apartment number and ZIP code. d. The total dollar value of the property as stated in the inventory; Lawsuits and judgments happen, but they should not be allowed to bring ones life or business to a halt. b. a. WebAmount of texas businesses and rule on deposit in cases fall into. Ownership interests in non-business entities: Please furnish documentary evidence of your ownership in all non-business entities (e.g., living trusts, testamentary trusts, non-profit organizations, and the like) in which you have a legal or equitable interest. f. the date on which any person last opened the depository on behalf of the corporation. d. the date of the purchase. d. the balance of the account five (5) calendar days before there interrogatories were received by the corporation; A party may obtain discovery of any other party's legal contentions and the factual bases for those contentions.
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