Post-Judgment Deposition: a chance for the collections lawyer to be creative in pursuing the debtor.
Post-judgment deposition of the debtor is a useful tool to keep the pressure on the debtor.
Although there are a number of directions the case can go after a judgment has been obtained, we usually take a deposition next. This can involve the debtor, sometimes the debtor’s spouse or employer, the debtor’s bank, etc.
When pursuing a post-judgment deposition of the debtor, we also pursue documents. Included with the deposition is a request for documents that is quite extensive. The list will give us a picture of the debtor’s situation. For a list of the documents the debtor must produce, click here.
We don’t usually just depose the judgment debtor. We also insist on deposing all of those people that might have some knowledge of the debtor’s assets or business methods. This might include their spouse, girlfriend (usually both on the same day), business partner, mother, children or employer. Anyone that might have information about the whereabouts of assets.