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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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My brother (Plaintiff) won the default judgment in his civil

Customer Question

My brother (Plaintiff) won the default judgment in his civil case against one of the parties however, he still needs a few documents from the defendant.How does he proceed to request these documents?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: New York State.
JA: Has anything been filed or reported?
Customer: not at the moment. He is Pro Se and wondering how to proceed at this point.
JA: Anything else you want the lawyer to know before I connect you?
Customer: That's all I know at the moment.
Submitted: 5 months ago.
Category: Legal
Expert:  Ely replied 5 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

What documents does he seek, and, why?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 5 months ago.
Documents that need to be requested are the financial statements from the defendant and the defendants contract with a municipal corporation. He is trying to find out defendants relationship to the municipal corporation. Does he have to do a subpeona duces tecum or would a request for documents suffice?
Customer: replied 5 months ago.
Please just answer the above question if you can and then we can close out the conversation.
Expert:  Ely replied 5 months ago.

What would this be for? For purposes of pursing a levy for judgment? Or, is he trying to sue the corporation due to the corporation's relationship with the Defendant?

Was the corporation originally added on as Defendant, or not?

Customer: replied 5 months ago.
Thank you for your time Ely. Have a wonderful day.Goodbye.
Expert:  Ely replied 5 months ago.
Ananstasia,
The purpose of why he wants this dictates HOW he'd do this. For example - is it for purpose of post-judgment collection, or, to seek liability from the corporation? Or, something else?
Also, I'd need to know whether the corporation was already added as a co-Defendant to the original suit, or not.
Civil procedure is very nuanced. There is no one answer for all scenarios. Without this information, your question cannot be answered by anyone.
Good luck.

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