May I use a Subpoena Duces Tecum to collect my judgment

[sapphire]

What is the name of your state?What is the name of your state? Oregon

Can I use Subpoenas if the case has already been reduced to judgment? A young attorney here in Oregon has told me that since the case is closed(a judgment has been entered), subpoenas can not legally be used. His reasoning refers to the Oregon Rules of Civil Procedure, which state that subpoenas can be used for any procedure currently in Circuit Court. His thinking is that since the case has been adjudged, it is closed, and no longer resides in Circuit Court. I know for a fact that many judgment creditors are using subpoenas regularly(subpoena Duces Tecum), with great success. I realize that this may seem like a case of semantics, but it_s critical for me to find the definitive answer to this question_I have 150 judgments which I need to enforce. It seems that subpoenas will be invaluable for gathering the debtor info I need. Thanks for any help.

Steve

 

[seniorjudge]

Q: Can I use Subpoenas if the case has already been reduced to judgment?

A: "A young attorney here in Oregon has told me that since the case is closed(a judgment has been entered), subpoenas can not legally be used. His reasoning refers to the Oregon Rules of Civil Procedure, which state that subpoenas can be used for any procedure currently in Circuit Court. His thinking is that since the case has been adjudged, it is closed, and no longer resides in Circuit Court."

The attorney is correct.

 

[HomeGuru]

What is the name of your state?What is the name of your state? Oregon

Can I use Subpoenas if the case has already been reduced to judgment? A young attorney here in Oregon has told me that since the case is closed(a judgment has been entered), subpoenas can not legally be used. His reasoning refers to the Oregon Rules of Civil Procedure, which state that subpoenas can be used for any procedure currently in Circuit Court. His thinking is that since the case has been adjudged, it is closed, and no longer resides in Circuit Court. I know for a fact that many judgment creditors are using subpoenas regularly(subpoena Duces Tecum), with great success. I realize that this may seem like a case of semantics, but it_s critical for me to find the definitive answer to this question_I have 150 judgments which I need to enforce. It seems that subpoenas will be invaluable for gathering the debtor info I need. Thanks for any help.

Steve

**A: 150 judgements and you have not collected on a single one?

 

[badapple40]

Conduct a judgment debtor exam. You should be able to use subpoenas with that.