QUESTION

small claims post judgement interrogatories

Asked on Feb 04th, 2013 on Civil Litigation - Kentucky
More details to this question:
i won my case in 2007.but have not recieved any moneys.what questions do i ask .in my case to take him back to court and go before the judge and have him rule in my favor?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
If by winning your case you mean that you were awarded a judgment, you must now follow the procedures for enforcing that judgment.  These procedures vary from state to state, but generally you are allowed to take discovery concerning what assets the judgment debtor has and to have monetary assets, up to the amount of the judgment, turned over to you or have non-monetary assets sold to pay the judgment.  At t his point, there is no purpose to taking the judgment debtor back to court, as you have already been awarded a judgment.  If the judgment debtor refuses to cooperate with your attempts to collect on the judgment, such as ignoring your subpoena to be deposed about his assets, you may have to seek the Court's help in getting him to cooperate, or perhaps be held in contempt of court if he doesn't follow a court order to cooperate.
Answered on Feb 05th, 2013 at 3:49 PM

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