Interrogatories/Examination Questions

[Perrard]

What is the name of your state (only U.S. law)? Maryland

I won a civil case against a mechanic for $1,200. It's now been 2 months, and he has not paid a dime.

I would like to "Request and Order for the Defendant to Appear for Examination".

My question I hope is quite simple, what are the appropriate questions to ask and what can I request that he would bring to the court?

Can I only request a list of items to be produced in court or am I also allowed to field questions as well?

Is there a set of examples I should be following?

Thanks!!!

 

[sandyclaus]

Basically, you can ask anything that would lead you to the discovery of an asset or financial resource of the debtor. Here are some examples:

(Be sure to think about the answers to these questions. They may help you think of other questions to ask.)

1. What's your home address?
2. What's your home telephone number?
3. Are you married or do you have registered domestic partnership? If so, what's the first name, maiden name, and last name of your spouse or domestic partner?
4. Do you live in a rented apartment? A single family home? A condo? A mobile home? What's the address?
5. If you live in a single family home, condo, or mobile home, do you own it?
6. If you live in a rented apartment, who pays the rent? To whom is it paid?
7. Is it paid by check? Is your rent/mortgage up to date?
8. Do you have any boarders or subtenants? If so, what are their names and how much do they pay you each month?
9. Do you have a vacation home, recreational vehicle, or boat?
10. What's your occupation?
11. What's your social security number?
12. Are you presently employed? If so, by whom?
13. At what address? Where is the payroll office located?
14. What's your work telephone number?
15. What's the name of your supervisor?
16. What's your gross salary? What's your net salary? What payroll deductions are made?
17. Do you receive commissions? When are you paid?
18. How much is owed to you now?
19. Do you have any part-time employment? If so, please explain.
20. Is your spouse or domestic partner employed or in business? If so, what's his or her salary? What is the address of his or her workplace?
21. Do you own any stock or any interest in the business where you work? If so, please explain.
22. Do you or your spouse or domestic partner have any bank checking or savings accounts? If so, what's the name of the bank branch, and what are the account numbers and present balances?
23. Do you, your spouse, or domestic partner have a driver's license? For what state? What are the driver's license numbers?
24. How did you get here today?
25. What's the year and make of your car? Do you own it? Is it financed? By whom? How much is still owed?
26. Do you have any credit cards? Can you get a cash advance on any of those cards?
27. What type of retirement accounts do you have? Are you able to borrow against your retirement account?
28. Do you have life insurance? Is it a whole life policy?
29. Do you have any property, personal effects, cash, or other assets that you've not yet mentioned? If so, please explain.
30. Do you understand that as long as the judgment remains unpaid, it accrues interest? Do you also understand that as long as the judgment remains unpaid, it is probably damaging to your credit rating? Do you understand that if the judgment remains unpaid, I have the right to examine you again?

Hope this helps.

 

[dewyd]

I would like to "Request and Order for the Defendant to Appear for Examination".

My question I hope is quite simple, what are the appropriate questions to ask and what can I request that he would bring to the court?

Can I only request a list of items to be produced in court or am I also allowed to field questions as well?

Is there a set of examples I should be following?

R. If you look on the clerk's website that you got your judgment from you should find info and answers to your questions on how to collect and procedures to do so, or google small claims rules in your state. They usually have forms for that procedure.

Like a "Motion for Hearing in Aid of Execution, and a Order For Hearing In Aid Of Execution". In which the defendant would be required to fill out a fact information sheet under oath and bring it to the hearing. Once you file these papers, you may have to set this for hearing with the judges judicial assistant [JA], or they may set it themselves.

These forms should be in your states rule book in the forms section of small claims.

If he doesn't comply you can file a Motion to Show Cause, to get a Order To Show Cause from the court why he should not be held in contempt of court.

I would send a certified letter RRR, and make a demand for the money first, maybe in installments, give him a week to respond, or tell him you will be required to file the above similar court paperwork.

This may motivate him somewhat, but at least you make a record of your demand that you can attach to your above paperwork, if he fails to respond.