Rule 34 of the Federal Rules of Civil Procedure provides in part as follows:
A party may serve on any other party a request within the scope of Rule 26(b):
(1) to produce and permit the requesting party or its representative to inspect, copy, test, or sample the following items in the responding party's possession, custody, or control:
(A) any designated documents or electronically stored information - including writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations - stored in any medium from which information can be obtained either directly or, if necessary, after translation by the responding party into a reasonably usable form; or
(B) any designated tangible things.
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.
Louisiana Requests for Production of Documents in Federal Court to Judgment Debtor in General and Regarding Property Available to Satisfy Judgment: When pursuing a judgment collection or enforcement in Louisiana's federal court system, requesting the production of specific documents from the judgment debtor becomes necessary. These Requests for Production of Documents serve as an essential tool for collecting evidence, gathering information, and identifying assets available to satisfy the judgment. The content below explores the different types of Louisiana Requests for Production of Documents in Federal Court to the Judgment Debtor, focusing on those related to property available for judgment satisfaction. 1. General Requests for Production of Documents to the Judgment Debtor: These requests typically cover a wide range of documents necessary for understanding the judgment debtor's financial situation and exploring potential avenues for collecting the judgment. Commonly requested documents include: a. Financial Statements: Requesting the judgment debtor's financial statements, including personal and business income statements, balance sheets, and cash flow statements, aids in assessing their overall financial position. b. Bank Statements and Account Information: Seeking copies of the judgment debtor's bank statements for the past few years allows for the examination of account balances, transactions, and potential hidden assets. c. Tax Returns: Requesting copies of the judgment debtor's tax returns, both personal and business, helps determine their income, financial activities, and potential for asset concealment. d. Employment and Payroll Information: Ascertaining the judgment debtor's employment details, including job position, employer information, and payroll records, assists in identifying potential garnishment sources. e. Real Estate Documents: Requesting copies of property deeds, mortgage documents, and records related to any real estate holdings enables the identification and evaluation of properties available for execution of the judgment. f. Vehicle Ownership and Registration Documents: Seeking vehicle ownership and registration records assists in determining the judgment debtor's vehicle assets, including cars, boats, or other valuable transportation assets. 2. Requests for Production of Documents Regarding Property Available to Satisfy Judgment: These requests specifically focus on identifying and evaluating assets that can be used to satisfy the judgment. Some key document requests include: a. Titles and Deeds: Requesting copies of titles, deeds, and ownership records of real estate properties owned by the judgment debtor assists in determining their value and executing the judgment accordingly. b. Mortgage Statements and Loan Documents: Seeking mortgage statements and loan documents related to the judgment debtor's real estate holdings helps evaluate any existing liens or encumbrances that may affect the asset's value. c. Vehicle Pink Slips and Auto Loan Information: Requesting copies of vehicle ownership documents (pink slips) and auto loan information assists in assessing the value of vehicles owned by the judgment debtor and determining any outstanding liens. d. Business Ownership and Financial Statements: Seeking business ownership documents, partnership agreements, and financial statements pertaining to the judgment debtor's business entities helps evaluate potential business assets that may be available for execution. e. Investment and Retirement Account Statements: Requesting investment account statements, retirement account records, and stock certificates helps assess the judgment debtor's financial portfolio and allows for potential garnishment or seizure of such assets. It is important to note that these document requests may vary depending on the specific circumstances of the judgment case. Customizing the requests to ensure relevance and accuracy based on the judgment debtor's known assets is crucial. Seeking legal advice or assistance when preparing and submitting these requests is highly recommended ensuring compliance with federal court rules and procedures.
