Post Judgment Interrogatories------why now?

[dared1]

Georgia

I have a judgment against me from a lawyer In GA on behalf of a rental car company. The judgment was placed 6/2012 and I have been making the agreed monthly payments since that time. I was late (more than 30 days but less than 60 days) once several months ago. I am always late (payment is due on the 3rd but I pay it around the 20th) because they refuse to make the payment due later in the month. I am unable to pay on the 3rd because I have several bills due out of my first paycheck and there isn't enough left to pay them.



Anyway I am just a little past the half way point of paying this debt off and I get a Post Judgment Interrogatories request today and I don't understand why. I am paying the debt, what concern is it of theirs what my other debts are? Can they come after my assets? Can they increase my monthly payment? Do I have to give them my bank account info (I pay them with a money order so they wont have access to the info)? I am a little irritated because I wondering what else do they want from me!



Thanks for any and all responses

 

[quincy]

Georgia

I have a judgment against me from a lawyer In GA on behalf of a rental car company. The judgment was placed 6/2012 and I have been making the agreed monthly payments since that time. I was late (more than 30 days but less than 60 days) once several months ago. I am always late (payment is due on the 3rd but I pay it around the 20th) because they refuse to make the payment due later in the month. I am unable to pay on the 3rd because I have several bills due out of my first paycheck and there isn't enough left to pay them.



Anyway I am just a little past the half way point of paying this debt off and I get a Post Judgment Interrogatories request today and I don't understand why. I am paying the debt, what concern is it of theirs what my other debts are? Can they come after my assets? Can they increase my monthly payment? Do I have to give them my bank account info (I pay them with a money order so they wont have access to the info)? I am a little irritated because I wondering what else do they want from me!



Thanks for any and all responses

You say that you are "always late" with your payments, which means you have not paid as agreed.

The post judgment interrogatories are a way to discover what assets you currently have, and where they are located, so that other means can be taken to satisfy your debt. Yes, they can come after your assets and your monthly payment could be increased. Yes, you have to provide to them your bank account information. Funds can be withdrawn from your bank accounts. You will probably have to provide your employer's name and your employment information. Your wages can be garnished.

Unfortunately, by failing to meet the terms of the agreement you made in 2012, the ways that may be used to collect on the debt now could be far less desirable and less convenient for you.

 

[Proserpina]

I doubt anyone is going to give you the benefit of the doubt with regards to timing.

The question you'll be asked is "Why didn't you change your budget to make sure the payment gets there on time?"

I would think that the normal procedure would be shifting your money around a bit - yes, you may have to severely reduce your spare cash once or twice - but you'll have been able to abide by the date ordered.

 

[LeeHarveyBlotto]

A part-time job could have "shifted" your income to enable you to pay on the date ordered.

 

[LdiJ]

You say that you are "always late" with your payments, which means you have not paid as agreed.

The post judgment interrogatories are a way to discover what assets you currently have, and where they are located, so that other means can be taken to satisfy your debt. Yes, they can come after your assets and your monthly payment could be increased. Yes, you have to provide to them your bank account information. Funds can be withdrawn from your bank accounts. You will probably have to provide your employer's name and your employment information. Your wages can be garnished.

Unfortunately, by failing to meet the terms of the agreement you made in 2012, the ways that may be used to collect on the debt now could be far less desirable and less convenient for you.

I am not sure that I agree with this response. Once a judgment is made the case is over. Unless those "post interrogatories" are part of a continuing court motion, I don't know that they are required to be answered. Its possible that the settlement agreement allows for post interrogatories but its also possible that its an attorney attempting to intimidate someone into responding. OP should not respond without consulting an attorney.

 

[quincy]

I am not sure that I agree with this response. Once a judgment is made the case is over. Unless those "post interrogatories" are part of a continuing court motion, I don't know that they are required to be answered. Its possible that the settlement agreement allows for post interrogatories but its also possible that its an attorney attempting to intimidate someone into responding. OP should not respond without consulting an attorney.

Huh?

I will never argue against someone consulting with an attorney in their area prior to acting, LdiJ, but post-judgment interrogatories are not at all unusual.


edit to add a link to Georgia Court pdf file: http://www.georgiacourts.org/councils/magistrate/public forms/mag 14-03 directions for post-judgment interrogatories.pdf

 

[Proserpina]

I am not sure that I agree with this response. Once a judgment is made the case is over. Unless those "post interrogatories" are part of a continuing court motion, I don't know that they are required to be answered. Its possible that the settlement agreement allows for post interrogatories but its also possible that its an attorney attempting to intimidate someone into responding. OP should not respond without consulting an attorney.

In at least one state (WI - which tells you who I'm talking about), the cases can be listed as "closed" even when there are post-judgement motions after the event.

Friday Throwback: Guess who still doesn't see his child unless he follows the very clear orders..his order is so, so restrictive I've never seen one like it unless there has been abuse or neglect found. The GAL had to file a 5 year restraining order against him...and very recently he turned up smelling of alcohol...AT COURT!

 

[LdiJ]

In at least one state (WI - which tells you who I'm talking about), the cases can be listed as "closed" even when there are post-judgement motions after the event.

Friday Throwback: Guess who still doesn't see his child unless he follows the very clear orders..his order is so, so restrictive I've never seen one like it unless there has been abuse or neglect found. The GAL had to file a 5 year restraining order against him...and very recently he turned up smelling of alcohol...AT COURT!

Why is it that I am not surprised? Sigh.

 

[latigo]

I am not sure that I agree with this response. (?) Once a judgment is made the case is over. (?) Unless those "post interrogatories" are part of a continuing court motion, I don't know that they are required to be answered. Its possible that the settlement agreement allows for post interrogatories (?), but its also possible that its an attorney attempting to intimidate someone into responding. OP should not respond without consulting an attorney.

MY, my, Dear Ld. You have out done yourself with this one. All of you past efforts to conceal the want of legal credentials pale by comparison.

There is no such things as your so-called "settlement agreement allowing post [sic] interrogatories". Not even if the word "post" correctly appeared as a prefix to the word "settlement".

However, there are such things as "motions" and "proceedings" following the entry of a final judgment. Many in fact.

And here we have an example of one in particular as it is clear that the OP's judgment creditor is engaging in what is known as "POST JUDGMENT DISCOVERY" .

Which is a process provided for in all 50 States., including Georgia. In the OP's state either under Section 15-10-50 of the Georgia Code (for judgments under $5K) or if in excess of that amount, then Section 9-11-69.

For you to suggest that the attorney for the judgment creditor is engaging in post judgment discovery as a means of intimidating the OP and proffer that the OP might safely ignore the discovery requestes would be amusing if it weren't reckless advice.

Reckless in the sense that that if OP does not truthfully and timely respond to the "post judgment interrogatories" and fails to do so following a motion to compel, he can be placed under arrested and incarcerated.

 

[Zigner]

MY, my, Dear Ld. You have out done yourself with this one. All of you past efforts to conceal the want of legal credentials pale by comparison.

There is no such things as your so-called "settlement agreement allowing post [sic] interrogatories". Not even if the word "post" correctly appeared as a prefix to the word "settlement".

However, there are such things as "motions" and "proceedings" following the entry of a final judgment. Many in fact.

And here we have an example of one in particular as it is clear that the OP's judgment creditor is engaging in what is known as "POST JUDGMENT DISCOVERY" .

Which is a process provided for in all 50 States., including Georgia. In the OP's state either under Section 15-10-50 of the Georgia Code (for judgments under $5K) or if in excess of that amount, then Section 9-11-69.

For you to suggest that the attorney for the judgment creditor is engaging in post judgment discovery as a means of intimidating the OP and proffer that the OP might safely ignore the discovery requestes would be amusing if it weren't reckless advice.

Reckless in the sense that that if OP does not truthfully and timely respond to the "post judgment interrogatories" and fails to do so following a motion to compel, he can be placed under arrested and incarcerated.

I don't disagree that LdiJ was wrong, but you are putting virtual words in to her mouth. She NEVER suggested that the OP could "safely ignore the discovery requestes [sic]...". She suggested that the OP should consult with an attorney prior to responding.

 

[quincy]

... For you to suggest that the attorney for the judgment creditor is engaging in post judgment discovery as a means of intimidating the OP and proffer that the OP might safely ignore the discovery requestes would be amusing if it weren't reckless advice.

Reckless in the sense that that if OP does not truthfully and timely respond to the "post judgment interrogatories" and fails to do so following a motion to compel, he can be placed under arrested and incarcerated.

While I agree with you, latigo, that it would be reckless to advise dared1 not to respond to the interrogatories, in fairness to LdiJ she did add the "without consulting an attorney" to that advice.

I agree with you that is important for dared1 to respond to the interrogatories truthfully and in a timely fashion.

 

[Indiana Filer]

I am not sure that I agree with this response. Once a judgment is made the case is over. Unless those "post interrogatories" are part of a continuing court motion, I don't know that they are required to be answered. Its possible that the settlement agreement allows for post interrogatories but its also possible that its an attorney attempting to intimidate someone into responding. OP should not respond without consulting an attorney.

I see post-judgement interrogatories all the time in Indiana. Here, it's known as Proceeding Supplemental, which is filed by the judgement holder to get the information they need so they can get their money from the debtor.