Discovery pro insurance agency code#
50 of the Texas Constitution and in Texas Property Code Chapters 41 and 42. Texas homestead exemptions are contained in Art. Post-judgment discovery is designed to enable the creditor to determine whether or not he is dealing with a judgment proof debtor, or in rarer instances, a debtor who negligently failed to undertake an asset protection plan and whose assets are widely exposed.
Because of Texas´ extensive list of items that are exempt from execution on a judgment (See our article Homestead in Protections in Texas for details), many average debtors will be effectively judgment proof.
In cases involving more than a nominal sum, such discovery should be expected.Įvery person who has litigated in Texas for the purpose of obtaining payment of a debt or damages knows that there are two parts to this process: first, obtaining a favorable judgment and second (often the harder part) collecting on it. In conjunction with the execution procedure, the judgment creditor may also send post-judgment discovery. The judgment creditor may now engage a constable or sheriff to pay a personal visit on the debtor for the purpose of identifying and seizing non-exempt assets available to satisfy the judgment. Judgment has been obtained and, since 30 days have elapsed since it was signed, the judgment is final and ripe for execution. Here, we are dealing with the very end of the process. Our article Asset Protection in Texas describes two sets of asset-protection strategies – those employed before suit is filed and those more limited options available after suit is filed. The bad news is that such discovery is invasive, penetrating, and all-encompassing – and failure to comply may result in a ruling of contempt. Reviewing these exhibits may be helpful to a soon-to-be judgment debtor in knowing what to expect from post-judgment discovery. Exhibit A is an example of post-judgment interrogatories that might be sent to an individual debtor Exhibit B lists likely questions that would be asked of a debtor who is a corporation or an LLC and Exhibit C is an example of requests for production of documents that might follow a final judgment. This article will discuss and also give examples of post-judgment discovery – interrogatories, requests for production, and depositions directed at the defendant by a judgment creditor.