Missouri Real Estate Lawyer

Collecting on a judgment is often more difficult than getting the judgment.  In Missouri, a procedure called “discovery in aid of execution” can make collecting on a judgment easier.

Collecting on a Judgment

Your attorney probably conducted discovery during the litigation of your lawsuit. This probably included sending written questions to the defendant, called interrogatories. Your attorney probably also got documents pursuant to a request for the production of documents. After completing written discovery, your attorney probably then deposed the defendant. Each of these discovery procedures allow you to collect evidence in support of your case. These same discovery procedures can be used after you obtain a judgment to get information about the assets of the defendant. You can then seize those assets to satisfy your judgment.

Interrogatories

For example, your attorney can serve the defendant with interrogatories requiring the defendant to identify the defendant’s bank accounts, place of employment, investments, real estate, insurance policies, and vehicles. In the case of a business, interrogatories can require disclosure of the company’s equipment, investments, bank accounts, and accounts receivable.  All of these can generally be seized to satisfy your judgment.

A landlord defendant can be required to disclose the landlord’s tenants and management company. You can then require the tenants or management company to pay the rent to you instead of the landlord. Your attorney can also require the defendant to disclose the defendant’s social security number, EIN, driver’s license, date of birth, and prior addresses. This information can lead to the discovery of other assets.

Request for Documents

Additionally, your attorney can send to the defendant a request for the production of documents. This requires the defendant to produce copies of documents containing information about the defendant’s assets. This could include pay stubs, deeds, mortgages, vehicle titles, bank account statements, investment statements, insurance policies, debts owed to the defendant, and tax returns.

Subpoenas

Your attorney can also serve subpoenas on persons or companies that might have information about the defendant’s assets. For example, your attorney might serve a subpoena on the defendant’s tax preparer, requiring the preparer to produce documents related to the defendant. A subpoena can also require a person to testify under oath in a deposition about the assets of the defendant.

Deposition

Your attorney might depose the defendant regarding the defendant’s assets. This is typically done after the defendant responds to the interrogatories and requests for documents. At the deposition, the defendant is required to disclose details about the defendant’s assets. A deposition may of course not be necessary if the written discovery discloses sufficient assets to satisfy the judgment.

Examination in Court Under Oath

Lastly, your attorney can compel the defendant to testify in court about the defendant’s assets when an attempt to collect on the defendant’s assets is unsuccessful.

Enforcement

Collecting on a judgment can be frustrating. Many defendants will provide incomplete responses to discovery requests, answer with an objection or not answer at all. In these circumstances, your attorney will likely seek an order to compel the defendant to fully disclose the requested information. Your attorney can then seek a contempt order if the defendant fails to comply with the order to compel.

Take Away

Litigation is expensive. Collecting on a judgment can likewise be expensive. Try to identify the defendant’s assets well before you get a judgment.  Your attorney might need to conduct discovery in aid of execution if you cannot find sufficient assets to satisfy your judgment.

Michael Sewell, JD, MBA, is the founder of Sewell Law, which helps clients protect their assets through litigation, LLCs, Trusts, and other tactics.

Please contact Michael Sewell for an initial consultation at no charge. (314) 942-3232 | michael@sewelllaw.net.

This article is for general informational purposes only. This information is not intended as legal advice. You should consult an attorney regarding how this information might apply to your specific circumstances.

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