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eiuu8l6a · Posted: Sun 1:09, 01 Sep 2013 Post subject: for example 6

Mark D. Shapiro of: - Your fastest and easiest free method of finding the best professional to recover or buy a judgment,[link widoczny dla zalogowanych].
Consider the case when as a judgment owner you have to look at some historical and current finance-related documents for your debtor (person or company), or a 3rd-party witness that knows about their assets; to attempt to discover more about, or where,[link widoczny dla zalogowanych], where your debtor's assets/income/business currently are, or where they are now? This kind of discovery attempt needs to get done by using the service of subpoenas onto the relevant party(s); with requests for the production of documents, with the deadline to comply being the already court scheduled date of the debtor exam hearing. In California,[link widoczny dla zalogowanych], debtor exams are called ORAPs.
My articles are my opinions and are not, a legal opinion. I'm the judgment recovery expert, and not an attorney. When you want a strategy to use or legal advice,[link widoczny dla zalogowanych], please retain an attorney.
Subpoenaed requests for the production of documents usually are for a bunch of accounting-related documents. (In 2013, paper still is in use for lots of finance-related documents.) After your party gets served with the subpoena, consider the circumstance when they or their lawyer; says to come to their office prior to the upcoming examination hearing, and dig through their (for example 6) banking-sized boxes of files yourself; and make the copies before the date of the exam hearing. They may also tell you something similar to: "I am not going to do anything past supplying our documents for you at our office for you to make copies, and that's all we need to do. You can't force us spend time and copy our files and sort them as asked for in the subpoena".
This kind of strategy is known as paper dumping,[link widoczny dla zalogowanych], a strategy sometimes used by lawyers representing debtors. In response to a subpoenaed request for the production of documents,[link widoczny dla zalogowanych], they provide an avalanche of unsorted documents.
With post-judgment enforcement proceedings, a witness or judgment debtor must do just the bare minimum to comply; to bypass a potential contempt charge, and is is not obligated to make anything easy on a judgment owner.
I believe there's not any recourse for this kind of paper dumping strategy by a debtor or some 3rd-party witness; as after the judgment is won, it is a request for the production of documents for the hearing. For a pre-judgment lawsuit circumstance,[link widoczny dla zalogowanych], conventional requests for discovery will usually mandate that the parties to provide documents to a deposition officer.
Sometimes, it's smart to ask for a little more than you think you need, as you may learn more than when you ask for just the minimum. Note that if that 3rd-party witness is a credit union, bank or a business, laws generally allows them to get reimbursed for any fees and/or costs, that may become substantial if you ask for a bunch.
Rather than requesting all documents for every potential available asset or transferred available asset during the previous five years, maybe (as an example) request copies of all compensations or checks paid to your debtor from January 1, 2012 and December 31,[link widoczny dla zalogowanych], 2012, for any amount above $1,500. Also specific, another example might be for "every 2011 real estate transaction records for real estate where the purchase price was above $300,000".
When the creditor asks for very specific information, they'll get either a fast response or a fast objection. When the creditor requests everything and the kitchen sink,[link widoczny dla zalogowanych], then that creditor should expect nothing in response or some papers in bags or boxes.
With boxed documents circumstances, such as what was described above, why not take advantage of that offer, and make a copy of whatever you can. Later, you can look over those papers when convenient. Perhaps you may actually discover a few leads to potential available assets. A portable scanning unit like the Fujitsu ScanSnap 1500 and a notebook computer,[link widoczny dla zalogowanych], creates a fine copying system; and your notebook computer would let you to also copy discs, etc. A wand notebook computer may be useful for copying bound documents which can't be copied by a regular scanning unit.
Most of the time, a creditor needs to pay to copy or arrange to copy any subpoenaed document requests. The first option is to visit their location to copy their records,[link widoczny dla zalogowanych], the other option is to copy (or pay to get copied) all of it at the exam hearing. When the debtor or a 3rd-party witness has to pay their lawyer to appear at that examination hearing,[link widoczny dla zalogowanych], your second option could really expensive for that party.

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