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Interrogatories in Federal Court to Judgment Debtor in General and

Colorado Interrogatories in Federal Court to Judgment Debtor in General and

Category:

Civil Procedure - Judgment Debtors

State:

Multi-State

Control #:

US-02409BG

Format:

Instant download

Description

Rule 33 of the Federal Rules of Civil Procedure provides in part as follows:

Unless otherwise stipulated or ordered by the court, a party may serve on any other party no more than 25 written interrogatories, including all discrete subparts. Leave to serve additional interrogatories may be granted to the extent consistent with Rule 26(b)(2).

Rule 69 of the Federal Rules of Civil Procedure provides in part as follows:

In aid of the judgment or execution, the judgment creditor or a successor in interest whose interest appears of record may obtain discovery from any person including the judgment debtor as provided in these rules or by the procedure of the state where the court is located.

In aid of the judgment or execution, the judgment creditor or a successor in interest whose interest appears of record may obtain discovery from any person including the judgment debtor as provided in these rules or by the procedure of the state where the court is located.

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FAQ

Federal Rule of Civil Procedure 69(a) states, ?In aid of the judgment or execution, the judgment creditor or a successor in interest whose interest appears of record may obtain discovery from any person?including the judgment debtor?as provided in these rules or by the procedure of the state where the court is located. ...

Rule 369. Execution and Proceedings Subsequent to Judgment (d) Order for Debtor to Answer. At any time when execution may issue on a judgment, the judgment creditor shall be entitled to an order requiring the judgment debtor to answer such interrogatories concerning his property as shall be approved by the court.

At the Rule 69 hearing, you can ask questions of the debtor regarding his/her/its assets. The debtor is required to answer truthfully, under oath. The judgment creditor is allowed to bring a court reporter to the Rule 69 hearing.

(1) At any time after entry of a final money judgment, the judgment creditor may serve written interrogatories upon the judgment debtor in ance with C.R.C.P. 45, requiring the judgment debtor to answer the interrogatories.

A Rule 69 Agreement allows the parties to settle some or all of their disputes privately, leaving only the unresolved issues to be resolved by the family law court. Common disputes settled ahead of divorce trial proceedings are visitation, parenting time, child support, and how to divide assets.

Rule 69 - Execution and Proceedings Subsequent to Judgment (a) In General. Except as provided in C.R.C.P. 103 or an order of court directing otherwise, process to enforce a final money judgment shall be by writ of execution. (b) Proceedings for Costs.

The presumptive number of written interrogatories each party is allowed to serve on another party is 30. See C.R.C.P. 26(b)(2). This number can be altered either by the court or a party may request additional interrogatories for good cause shown.

A Rule 69 deposition allows us to search the debtor's financial records and examine their bank accounts and statements. We can do the deposition through documents only, live testimony or a combination of both.

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