Motion to reconsider questions

Alabama

Won a judgement...and now I recieved a Motion to Reconsider and a set hearing date. Is this simply Defendant asking the Judge to review his decision?

What can I expect beside the Defendant's begging? Would this be an opportune time to ask Judge for a FiFa and see if the Judge will instruct Defendant to provide me with his bank branch/account number and or a listing of assets?

I want to exert whatever leverage I can in order to get paid.

Thank you.

What does the Motion say about the reasons that the Defendant is asking the Judge to reconsider the Judgment? When is the hearing?

I don't know about the laws in your state and I don't know what a FiFa is. You might want to send post-judgment interrogatories to the Defendant asking for his financial information.

Docket/interrogs

Just got a docket from the court...only stated that the Defendant had requested a hearing to reconsider the Judge's verdict. I will contact the court Monday and ask for a full copy of the Motion so I can be prepared. Date of hearing is set for 3/27/08.

I believe a FiFa is simply a document that certifies that a Judgment was made...and it's what you submit to the Sherrif in order to force the sale of assets. The idea of submitting a second set of interrogs to get bank/asset info is good...but he has an attorney and I am Pro se and they never answer my interrogs as they are better at procedure and evasion.

Still, worth another try I guess. Doubt I'd be successful at obtaining the info I need by the hearing. His attorny is pretty adept at the "game"...I am not.

You may find that winning a small claims judgment may be easier than collecting on one, especially as a pro se. Collecting is not nearly as simple, as you imply, as handing the judgment to the sheriff to force the sale of assets.

A post-judgment motion to reconsider could be a red flag the other side is considering appealing the judgment. A hearing is rarely requested unless for the purpose of introducing new evidence into the record to be reviewed by the judge, and on appeal if needed.

Doubt very much that you could get a FiFa while there is a pending Motion to Reconsider.

A Fieri Facias is the Order of execution directed to the Sheriff/Marshal (like a writ or Order of Garnishment in other parts of the country) that gives you the right to enforce your judgment. As Ronin points out, the Motion to Reconsider is like an appeal in the sense that it is a petition to the Court to argue why it made an incorrect ruling. A favorable ruling for the moving party could negate your judgment. At the very least, execution is going to be "stayed" pending a hearing.

Put another way, they either have the basis for review (and reconsideration of the ruling made) or you're successfully being dragged around.

For the same reason, I doubt that you'll be able to do anything else that would be consistent with a final judgment, such as an examination for assets (but these opinions are offered without a review of your state's statutes - they just make sense, when the judgment is not yet perfected).

Thanks dcatz

I appreciate your sound advice. I will wait and see...and should the judge reverse his decision I will appeal it and ask for a Fieri Facias and asset search in the following appeal hearing. I sure appreciate your help.