Page 162 - Judgment Enforce Course_Neat

Judgment Enforcement – The Step-by-Step Course

But won’t the JD lie?

Maybe he will. He doesn’t exactly want to tell you about his assets. But
if you’ve done your homework, you will have a lot more information about
him than he suspects. And if you have served him with a subpoena duces
tecum to produce documents, you will collect even more information about

him whether he likes it or not. And remember, he’s testifying under oath.
Courts don’t like it when someone commits perjury.

Q. Can you explain what a subpoena duces tecum is?

The word “subpoena” comes from cool Latin, meaning “under punishment.” “Duces
tecum” is from Latin too, and means “bring with thee.”

You use the Subpoena Duces Tecum to require the debtor to bring documents that you
think are important. The Forum has a list of documents that I
always subpoena, and some other lists by other members of
our Forum. It’s under “Order to Appear, Duces Tecum- Docs

to Produce.” Check it out. I know it’s a long list, but that’s
precisely the point.
I also serve a questionnaire on the debtor, which he is

supposed to fill out before the court date. I don’t think he is
obliged to legally, but chances are he won’t know that.
Check the Forum for “Order to Appear, Duces Tecum -
Questionnaire.” It’s a list of good questions you can ask at
the JDX.

You should attach to the Duces Tecum—the list of documents you are requesting him to
produce, and the questionnaire. Then have the sheriff serve them both on the debtor, along
with the Order to Appear for the Examination.

The debtor may arrive at the JDX and claim he doesn’t have a bank account or job, and
that may be so. But he should at least have a rental agreement or gas or an electric bill.
You can subpoena those, and then ask how the bills were paid—check or cash, and by

whom. You’re getting closer.

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