Post – Judgment Collection

HOW DO YOU KNOW WHAT PROPERTY THE DEBTOR HAS?

Rule 69, C.R.C.P. provides for Execution and Proceedings Subsequent to Judgment. The Rule allows a creditor to either serve written interrogatories on the judgment debtor, who must be personally served under Rule 45, CR.C.P., or serve a subpoena on the judgment debtor to appear in Court to answer questions concerning property. You can serve a subpoena duces tecum and require the judgment debtor to bring documents with him, so you can verify the answers.

If the debtor fails to answer the Interrogatories within 21 days after service of the Interrogatories, the creditor can file a motion with the Court requesting an order to have the judgment debtor appear in court at a specified time to show cause why he should not be held in contempt for failure to answer the interrogatories. It is generally better to prepare this Motion as a contempt citation. If the judgment debtor fails to appear for this show cause hearing, the Court can issue a bench warrant for the debtor’s arrest.

If the debtor fails to appear on the date specified on the Rule 69 Subpoena, the Court will issue a bench warrant for his arrest.

Once you have determined what property you want to seize, you file a Writ of Execution with the clerk of the court. You must list an exact description of the real or personal property belonging to the defendant that is situated in the county and the exact location. The clerk issues the Writ of Execution which is valid for 90 days. The Writ of Execution is then filed with the Sheriff. Most sheriff’s have instructions for how they want the sale conducted. Read our next blog for the specifics!

By Terry Ehrlich, Esq. /Collections-and-Creditor-Representation.shtml

Pro Bono Achievement 2011 Pro Bono Achievement 2012