Post judgement hearing questions

[TheQuestion]

What is the name of your state? UT

1. Can you serve a post judgement subpoena on a company registered agent instead of the owner himself? The judgement is against both the Company and the owner personally. The company registered agent is easy to find, the owner is not.

2. Can a Judgement in 1 state be enforced in another state as far as a writ of execution? The company is operational and has assets in other states. How difficult is it to go after it in another state?

3. Is there anyway to tell if someone is operating with a fake/alias name. I feel this person may be using almost a stage name which is not the real name he was born with. Perhaps to avoid angry customers and lawsuits finding him. His corporate address is a P.O. box but does have a registered agent who has a real address.

4. Are you able to do a writ of execution on the assets including Patent and Trademark or are those off limits?

 

[adjusterjack]

1. Can you serve a post judgement subpoena on a company registered agent instead of the owner himself? The judgement is against both the Company and the owner personally. The company registered agent is easy to find, the owner is not.

You will have to serve the company through its registered agent and the individual personally because you had two separate defendants (judgment debtors), the corp and the individual.

 

[TheQuestion]

You will have to serve the company through its registered agent and the individual personally because you had two separate defendants (judgment debtors), the corp and the individual.

What happens in the event the registered agent is served but the individual is unable to be located?( His address comes up as a P.O. box)

Would the registered agent or a representative of the company be required to show up to answer question about the financial situation of the company and the location of assets?

 

[adjusterjack]

According to the Utah court website:

"you may serve the judgment debtor with a notice to attend a hearing to identify property by mail or email or any other service methods authorized by URCP 5."

https://www.utcourts.gov/howto/service/service_of_process.html

I suggest you study that page and the pages highlighted by blue links.

 

[quincy]

What is the name of your state? UT

... 4. Are you able to do a writ of execution on the assets including Patent and Trademark or are those off limits?

A writ of execution cannot be used on IP to enforce a money judgment. Rights must be transferred.

From David J. Cook, Post-Judgment Remedies in Reaching Patents, Copyrights and Trademarks in the Enforcement of a Money Judgment, 9 Nw. J.TECH.&INTELL.PROP. 128 (2010):
https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1122&context=njtip

 

[TheQuestion]

According to the Utah court website:

"you may serve the judgment debtor with a notice to attend a hearing to identify property by mail or email or any other service methods authorized by URCP 5."

https://www.utcourts.gov/howto/service/service_of_process.html

I suggest you study that page and the pages highlighted by blue links.

It look like you can only email it to them if they will agree to it.

Why would someone agree to meet at the courthouse, be placed under oath and disclose all their financial assets to be taken by the other party?

" If the respondent is willing to accept service, the petitioner (or anyone) may mail, email or hand deliver a copy of the Complaint or Petition, Summons and Acceptance of Service to the respondent...................... The petitioner can ask the respondent to accept service. If the respondent agrees, the petitioner does not have to follow the strict service requirements of URCP 4 "

 

[quincy]

It look like you can only email it to them if they will agree to it.

Why would someone agree to meet at the courthouse, be placed under oath and disclose all their financial assets to be taken by the other party?

" If the respondent is willing to accept service, the petitioner (or anyone) may mail, email or hand deliver a copy of the Complaint or Petition, Summons and Acceptance of Service to the respondent...................... The petitioner can ask the respondent to accept service. If the respondent agrees, the petitioner does not have to follow the strict service requirements of URCP 4 "

To avoid a subpoena.

 

[TheQuestion]

To avoid a subpoena.

You need the subpoena to get him in for the post judgement interview or its called.

This guy will avoid process at all cost. He even pretended to move even when he did not. He rejects any mail and packages requiring his signature. He only will list a P.O. Box and closed his office but still operates his business from his home.

He goes though extra measures to avoid being served.

 

[quincy]

You need the subpoena to get him in for the post judgement interview or its called.

This guy will avoid process at all cost. He even pretended to move even when he did not. He rejects any mail and packages requiring his signature. He only will list a P.O. Box and closed his office but still operates his business from his home.

He goes though extra measures to avoid being served.

Look to alternate service.

 

[TheQuestion]

Look to alternate service.

What do you mean? Like some kind of aggressive sneaky 3rd party process server?

 

[bcr229]

What do you mean? Like some kind of aggressive sneaky 3rd party process server?

https://www.utcourts.gov/howto/service/alternate_service.html

 

[quincy]

What do you mean? Like some kind of aggressive sneaky 3rd party process server?

I was going to provide the same link as bcr229 but noticed adjusterjack already did - and you already have a judgment. Was it a default judgment?

You could hire a detective to locate the defendant.

What is the amount of your judgment?

 

[adjusterjack]

This guy will avoid process at all cost. He even pretended to move even when he did not. He rejects any mail and packages requiring his signature.

Deadbeats are often successful at never paying on judgments. Had a few of those when I had rentals.

still operates his business from his home.

Can't you find his home in the county assessor or recorder records? If he's an owner.

 

[quincy]

Deadbeats are often successful at never paying on judgments. Had a few of those when I had rentals.



Can't you find his home in the county assessor or recorder records? If he's an owner.

Most people can be found. You just need to know where to look.

 

[zddoodah]

Can you serve a post judgement subpoena on a company registered agent instead of the owner himself?

What type of business entity is this company? Sole proprietorship? Corporation? LLC? Something else? What is the purpose of this post-judgment subpoena?

Can a Judgement in 1 state be enforced in another state as far as a writ of execution?

This question doesn't make any sense as phrased. A judgment entered by a court in State X can be domesticated and enforced in any other state. Whether a writ of execution is used in any given state obviously depends on what state you're talking about.

How difficult is it to go after it in another state?

I'm not really sure what sort of meaningful answer anyone here might give you to a question like this. We don't know what other state you're asking about and know nothing about the company or its assets in that state.

Is there anyway to tell if someone is operating with a fake/alias name.

Yes.

Are you able to do a writ of execution on the assets including Patent and Trademark or are those off limits?

Enforcing a judgment against a patent is rather difficult and should not be attempted by anyone other than attorney well versed in judgment collection. A trademark would have relatively little value to a judgment creditor, but facts matter and you've provided none.