Missouri is one of the many states Judgment Collectors is active in. We help Missouri judgment creditors find, make contact with, and encourage their creditors to pay what they owe. One of the things we rely on is information gleaned by our clients during what is known as ‘discovery in aid of execution‘.
Discovery in aid of execution is both a process and tool. It relies on some of the same discovery methods a judgment creditor’s attorney utilizes during the litigation portion of a civil lawsuit. The main goal is to understand a creditor’s ability to pay a money judgment based on income, assets, etc.
Although we are not attorneys here at Judgment Collectors, we can use the exact same information gleaned during discovery to do what we do. It is one of the reasons we urge judgment creditors in Missouri and other states to bring us into the collection process as early as possible. The sooner we can get started working on a money judgment, the better it is for both us and the client.
The Different Discovery Tools
If all goes well, the debtor in a money judgment cooperates with the creditor’s attorneys from start to finish. Whenever the creditor’s attorney decides to implement one of the discovery tools, the debtor and his attorney fully cooperate. That doesn’t always happen, which is why judgment collection agencies like ours exist. We pick up the case when a judgment creditor runs into a brick wall trying to collect.
At any rate, here are some of the tools used for discovery purposes:
- Document Requests – The creditor’s attorney may ask the debtor to furnish a number of documents relating to assets. Examples include things like bank account statements, pay stubs, and insurance policies. Even mortgages and car titles could be requested.
- Written Interrogatories – Written interrogatories are essentially an interview of the creditor done by way of written questions. The questions are submitted to the debtor’s attorney through the creditor’s attorney. It is expected that the questions will be answered thoroughly and in a timely manner.
- Subpoenas – Missouri law allows the judgment creditor’s attorney to serve subpoenas on individuals or organizations that may have information about the debtor’s assets. A tax preparer might be subpoenaed. Likewise for an employer.
- Deposition – If written interrogatories and document requests do not produce the kind of information a creditor’s attorney is looking for, the attorney might depose the debtor. A deposition is a legal proceeding in which the debtor is required to provide the requested information.
- Court Examination – Finally, the discovery procedure of last resort is to compel the debtor to appear in court and answer questions under oath. This particular procedure is reserved for the most serious cases of failing to cooperate.
The reason these processes and tools are known as ‘discovery in aid of execution’ is related to collecting an outstanding money judgment. In legal terms, collection is known as ‘execution’ or ‘enforcement’. So discovery in aid of execution is more or less using discovery tools in order to execute enforcement of a money judgment.
We Are Here to Help
If all of this seems rather confusing to you, know that you aren’t alone. Civil litigation is complicated. Even more so is the process of collecting a money judgment in Missouri. We are here to help if you have run into a brick wall.
Judgment Collectors is a collection agency with a team of experienced and fully trained professionals committed to helping clients get paid. If you are having trouble collecting a judgment in Missouri, we invite you to contact us right away.