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Can I make additions to document list to be produced at Judgement Debtors Exam

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FrankinAz

Junior Member
What is the name of your state (only U.S. law)? ARIZONA

The county form for a Judgement Debtors Exam has the first 7 items (see below) on the list. I've added 8 thru 13. Am I allowed to make these additions to the documents list? The judgement debtor has a large internet presence, has current books published and owns dozens of properties, he's just making me go thru the motions to collect my judgement. My thoughts are that rather than produce all this at a hearing he'll just bite his lower lip and pay me.

Are additions 8 through 13 allowed? (1 through 7 are on the court form already)

1. Federal and State Income Tax Returns: for the year preceding the date on this order, any quarterly estimates of Federal or State income tax filed by you for this year.

2. Bank Statements on Checking and/or Savings Accounts: from any bank, savings and loan associations or share account in any credit union belonging to you or in which you have or have had any interest whatsoever, alone or jointly with any other person or persons.

3. Certificates of any Stocks and Bonds: belonging to you or in which you have or have had any interest whatsoever, either alone or jointly with any other person or persons.

4. Life Insurance Policy: for your life or naming you as a beneficiary.

5. Notes, Contracts, Negotiable Instruments Receivable, or Accounts Receivable: whether due or not, belonging to you or in which you have or have had any interest whatsoever.

6. Real property: titles, deeds, or contracts of sale of property owned, purchased or being purchased, or sold, which you own or have had interest in whatsoever, either alone or jointly with any other person or persons.

7. Personal Property: titles, bills of sale or contracts of sale upon, including but not limited to, automobiles, boats, household goods, miscellaneous furniture and fixtures belonging to you or in which you have or have had any interest whatsoever, either alone or jointly with any other person or persons.

8. Royalties and Publishing rights: List of income from manuals, books, videos, software or any other published media from which you are issued royalties or payments including ISBN numbers, the publisher along with agent or service name that issues royalty or publishing payments.

9. Internet Websites and Domains: List of all domain names or websites under your control or ownership.

10. Secured Storage: List of all secured storage you have including bank safe deposit boxes, storage units, etc. along with facility name, and box or unit number.

11. Other Personal Property: titles to all watercraft, aircraft or motorized on/off road vehicles where you are listed as owner or lien holder or have any interest in whatsoever.

12. Rental or Income Properties: Itemized list of all properties owned, leased or subleased or that you have an interest in that you receive payments on under any status including “rent to own”, “renter occupied”, “shared occupancy”, “shared / joint ownership”, etc. located in any country.

13. Collectibles or Artifacts: List of all vintage or historical items either in your possession or on loan including date acquired, purchase price and current location. This includes artwork, sculptures or similar collectibles.
 
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Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? ARIZONA

The county form for a Judgement Debtors Exam has the first 7 items (see below) on the list. I've added 8 thru 13. Am I allowed to make these additions to the documents list? The judgement debtor has a large internet presence, has current books published and owns dozens of properties, he's just making me go thru the motions to collect my judgement. My thoughts are that rather than produce all this at a hearing he'll just bite his lower lip and pay me.

Are additions 8 through 13 allowed? (1 through 7 are on the court form already)

1. Federal and State Income Tax Returns: for the year preceding the date on this order, any quarterly estimates of Federal or State income tax filed by you for this year.

2. Bank Statements on Checking and/or Savings Accounts: from any bank, savings and loan associations or share account in any credit union belonging to you or in which you have or have had any interest whatsoever, alone or jointly with any other person or persons.

3. Certificates of any Stocks and Bonds: belonging to you or in which you have or have had any interest whatsoever, either alone or jointly with any other person or persons.

4. Life Insurance Policy: for your life or naming you as a beneficiary.

5. Notes, Contracts, Negotiable Instruments Receivable, or Accounts Receivable: whether due or not, belonging to you or in which you have or have had any interest whatsoever.

6. Real property: titles, deeds, or contracts of sale of property owned, purchased or being purchased, or sold, which you own or have had interest in whatsoever, either alone or jointly with any other person or persons.

7. Personal Property: titles, bills of sale or contracts of sale upon, including but not limited to, automobiles, boats, household goods, miscellaneous furniture and fixtures belonging to you or in which you have or have had any interest whatsoever, either alone or jointly with any other person or persons.

8. Royalties and Publishing rights: List of income from manuals, books, videos, software or any other published media from which you are issued royalties or payments including ISBN numbers, the publisher along with agent or service name that issues royalty or publishing payments.

9. Internet Websites and Domains: List of all domain names or websites under your control or ownership.

10. Secured Storage: List of all secured storage you have including bank safe deposit boxes, storage units, etc. along with facility name, and box or unit number.

11. Other Personal Property: titles to all watercraft, aircraft or motorized on/off road vehicles where you are listed as owner or lien holder or have any interest in whatsoever.

12. Rental or Income Properties: Itemized list of all properties owned, leased or subleased or that you have an interest in that you receive payments on under any status including “rent to own”, “renter occupied”, “shared occupancy”, “shared / joint ownership”, etc. located in any country.

13. Collectibles or Artifacts: List of all vintage or historical items either in your possession or on loan including date acquired, purchase price and current location. This includes artwork, sculptures or similar collectibles.
You DO understand that each of your allowable "additions" are covered in the original 7, right? :rolleyes:
 

FrankinAz

Junior Member
You DO understand that each of your allowable "additions" are covered in the original 7, right? :rolleyes:

Yes, I knew that the 1 thru 7 court list broadly covers it all but wanted to spell it out for him in an effort to just get him to settle with me. Do court rules and procedures change here or are we still under the relaxed small claims format?

Thanks, .. Frank
 

Shadowbunny

Queen of the Not-Rights
For context, Frank's other thread: https://forum.freeadvice.com/small-claims-courts-24/won-small-claims-case-defendant-no-show-complained-judge-ordered-re-heard-639935-p2.html

(And, Frank, it's preferred that you keep all questions that are related to a single thread rather than creating multiple threads on the same issue.)
 

FrankinAz

Junior Member
For context, Frank's other thread: https://forum.freeadvice.com/small-claims-courts-24/won-small-claims-case-defendant-no-show-complained-judge-ordered-re-heard-639935-p2.html

(And, Frank, it's preferred that you keep all questions that are related to a single thread rather than creating multiple threads on the same issue.)
Sorry. I normally don't post on the internet or social media type sites so I'm not familiar with posting etiquette.
 

Zigner

Senior Member, Non-Attorney
Yes, I knew that the 1 thru 7 court list broadly covers it all but wanted to spell it out for him in an effort to just get him to settle with me. Do court rules and procedures change here or are we still under the relaxed small claims format?

Thanks, .. Frank
In other words, you want to make more work for yourself with no appreciable gain...right.

Let me give you an example of why your additions don't make sense. They're like saying "Ok, the preprinted forms as for information on all vehicles, but I want to add an additional items asking about all RED vehicles...never mind that he's already providing the same info based on the preprinted request."
 

FrankinAz

Junior Member
In other words, you want to make more work for yourself with no appreciable gain...right.

Let me give you an example of why your additions don't make sense. They're like saying "Ok, the preprinted forms as for information on all vehicles, but I want to add an additional items asking about all RED vehicles...never mind that he's already providing the same info based on the preprinted request."
OK, got it.
 

FrankinAz

Junior Member
Can I file a motion requesting lawyer costs to collect judgement be paid by debtor

I'm in Arizona.

Collecting this judgement is becoming very involved, well past my legal abilities. Since the decision in my favor, the judgement debtor has transferred all his nicer real property, his website domains names and other things I can see to his ex wife who lives with him. Court records indicate the marriage was dissolved in 2016. From my research I see this is called fraudulent conveyance and is illegal. I can see this matter of collecting the judgement is starting to go beyond my ability to find and absorb what I'm reading on the law and procedure. I'm 70 and he's 72 so we have two stubborn old men, one who doesn't want to pay and is trying to hide his assets and stubborn jerk #2 trying to collect it.

I feel I should hire an aggressive attorney and let him go at it but the legal fees most likely would quickly pass the $3k judgement. This was a small claims case. The questions are: Can I file a motion requesting the debtor be accountable for legal fees incurred in the collecting of this debt? Keeping in mind it's small claims, what are the chances the judge will green light it?

and is a general motion form the one I'd use?
 

Zigner

Senior Member, Non-Attorney
I'm in Arizona.

Collecting this judgement is becoming very involved, well past my legal abilities. Since the decision in my favor, the judgement debtor has transferred all his nicer real property, his website domains names and other things I can see to his ex wife who lives with him. Court records indicate the marriage was dissolved in 2016. From my research I see this is called fraudulent conveyance and is illegal. I can see this matter of collecting the judgement is starting to go beyond my ability to find and absorb what I'm reading on the law and procedure. I'm 70 and he's 72 so we have two stubborn old men, one who doesn't want to pay and is trying to hide his assets and stubborn jerk #2 trying to collect it.

I feel I should hire an aggressive attorney and let him go at it but the legal fees most likely would quickly pass the $3k judgement. This was a small claims case. The questions are: Can I file a motion requesting the debtor be accountable for legal fees incurred in the collecting of this debt? Keeping in mind it's small claims, what are the chances the judge will green light it?

and is a general motion form the one I'd use?
Nope - costs of collection are on you.
 

FrankinAz

Junior Member
Nope - costs of collection are on you.

OK, let's approach this from another angle. Instead of seeking general attorney costs can I file a motion seeking the attorney fees to undo the fraudulent conveyance(s) that took place after the judgment was entered? This would be out of the ordinary collection costs.
 

Zigner

Senior Member, Non-Attorney
OK, let's approach this from another angle. Instead of seeking general attorney costs can I file a motion seeking the attorney fees to undo the fraudulent conveyance(s) that took place after the judgment was entered? This would be out of the ordinary collection costs.
Asked and answered...
 

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