New York Requests for Production of Documents in Federal Court to Judgment Debtor in General and Regarding Property Available to Satisfy Judgment

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Multi-State
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US-02718BG
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Description

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.


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  • Preview Requests for Production of Documents in Federal Court to Judgment Debtor in General and Regarding Property Available to Satisfy Judgment
  • Preview Requests for Production of Documents in Federal Court to Judgment Debtor in General and Regarding Property Available to Satisfy Judgment
  • Preview Requests for Production of Documents in Federal Court to Judgment Debtor in General and Regarding Property Available to Satisfy Judgment
  • Preview Requests for Production of Documents in Federal Court to Judgment Debtor in General and Regarding Property Available to Satisfy Judgment

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FAQ

When the debtor pays the judgment, the creditor must: File a Satisfaction of Judgment form with the Clerk within 20 days.

Tells the court and others that a judgment has been paid in full or in part. Can be recorded with a county to release a lien against the judgment debtor's land or filed with the Secretary of State to release a lien against the debtor's personal property.

Post-judgment discovery typically consists of interrogatories and requests to produce. The interrogatories are questions designed to uncover any assets the debtor may possess or has recently possessed. The request to produce forces the debtor to produce specific documents in order to verify assets.

Article 52 of the CPLR addresses the enforcement of money judgments. In the most simplistic terms, Article 52 addresses the property of a judgment debtor that is subject to enforcement and the various tools available to a judgment creditor to enforce a money judgment.

Once a judgment is paid, either in full or in an amount the judgment creditor agrees to accept as full payment, the judgment creditor must immediately file an Acknowledgement of Satisfaction of Judgment (EJ-100) with the court (California Code of Civil Procedure (CCP) § 724.030).

Personal Property Execution If a Judgment Creditor knows that the Judgment Debtor owns a car, truck, motorcycle or other personal property of significant value, the Judgment Creditor may file a Property Execution.

If the defendant does not pay after the thirty day period, you may bring or mail your judgment to us and we will attempt to collect the amount of the judgment plus interest and any fees.

The Judgment Creditor may file or request a Property Execution asking that the property be seized and sold with the sole proceeds being used to pay off the balance due on the Debtor's judgment. There is no charge for filing or requesting a Property Execution.

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New York Requests for Production of Documents in Federal Court to Judgment Debtor in General and Regarding Property Available to Satisfy Judgment