Page 165 - Judgment Enforce Course
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Judgment Enforcement – The Step-by-Step Course
The judge will then instruct you to go out in the hallway with your JD and find a
bench to ask your questions. When you are finished asking your questions and you are
satisfied that you have all the answers, you can go back into the courtroom and tell the
bailiff that you are finished. Then the debtor is released, and you both may go.
What? You mean we do it in the hallway?
Yes, the JDX usually takes place in the court hallway or
another public space in the courthouse. I’ve used an adjacent
room and even the cafeteria. The JDX is really quite informal.
The judge doesn’t ask the questions—you do. However, it still
falls under the court’s jurisdiction. So, go ahead and ask the
questions to the JD, and write down the answers.
Is there a good list of questions I can borrow?
Yes. Again, on our Forum there’s a list questions to ask, and things you might want to
subpoena. You can find them under “Peter’s Course Files” and also under the JDX folder.
WHEN THE JD IS AN LLC OR A CORPORATION
Okay, let’s say you have a $19K judgment with 2 years interest against a lumber
company that is an LLC. Let’s call it “Grasse Lumber LLC.”
Cause of action: The company charged a contractor’s credit card for
items never requested and never delivered.
Of course you can’t bring the “LLC” into to court. It’s not a
“natural person” and has no physical existence. But you can bring
in the President, CEO, Accountant, Records Clerk, Bookkeeper or
anyone else who may have knowledge of the LLC’s assets. It
doesn’t have to be a high up officer who might lie. The bookkeeper
won’t lie, most likely. Or the clerk. Or the accountant.
Again: When you apply for the JDX, you can designate which officer or employee of
the corporation you want to bring in to answer questions and provide the documents you
subpoenaed.
Remember: The “owner” of an LLC or Corporation is NOT the JD unless that person is
specifically listed in the judgment
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