Page 167 - Judgment Enforce Course

Judgment Enforcement – The Step-by-Step Course

So how do I schedule the JDX?

Depending on the court, the JDX may be held in the same courtroom where the
judgment was rendered, or in a special department that handles things
that are only post-judgment. You’ll have to check with the court. Call,
or ask when you visit the court.

✓ Schedule the date with the court
✓ Fill out the paperwork, including subpoena (if you’re asking for docs)
✓ Send it to the court office with fees and return envelope.
✓ When it comes back, have the JD personally served with the documents

✓ Attend the JDX and ask your questions and collect subpoenaed docs

But what if the JD won’t answer a question?

Whenever there are hiccups like this, I say, “Okay, let’s ask the judge.” I go back in the
courtroom and ask the clerk to see the judge. I may have to wait. That’s okay with me. If
the question was legitimate, the judge won’t be happy. But the main point is that you are
holding the reluctant JD to answer all questions. You’re in control. Not the JD.

Oh no! They Brought An Attorney!

If a JD brings an attorney with him, no need to freak out. Just remember these handy
points and you’ll come out on top:

1) It’s the job of the attorney to make your job difficult.

2) The attorney probably has more experience than you do.
3) The attorney may succeed in making you nervous, but what
you do with that “nervousness” will determine if you get the

information you want.

4) The attorney may tell you that certain questions you’re asking aren’t permissible,
may even tell you forcefully, as if he or she is the authority. But the judge is the
authority—not the lawyer for the debtor!

If you think it’s a snow job, or if you aren’t sure, just go in and ask the judge if the
question is appropriate. I’ll wager that your question is probably okay as long as it might
tend to lead to the discovery of assets. Don’t argue with the lawyer. Just smile and say,
“Okay. Let’s go check with the judge.”

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