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Roger
Roger, Attorney
Category: Personal Injury Law
Satisfied Customers: 25988
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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Hello, I am needing to file a discovery for information. I

Resolved Question:

Hello, I am needing to file a discovery for information. I sent a subpoena and they did not send me the correct information. where can I locate the forms and what office do I take them to.
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Roger replied 1 year ago.

Kirk Adams : Hi - my name is XXXXX XXXXX X'X a Personal Injury litigation attorney. Thanks for your question.
Kirk Adams : There are no official forms for this, but there are samples online.
Customer:

Hello, I sure need some help

Kirk Adams : Here's a set of sample interrogatories: https://www.arlegalservices.org/files/Defendant%20Interrogatories.doc
Kirk Adams : I don't see any sample requests for production for Arkansas, but there are several samples online like this one: http://www.clarkcountycourts.us/ejdc/courts-and-judges/discovery/Discovery_Forms_Samples/Request%20for%20Production%20of%20Documents.pdf
Kirk Adams : The main thing with drafting interrogatories and requests for production of documents is that you can ask for any answers or information that you want.
Customer:

Ok, thanks, XXXXX XXXXX I file a discovery motion, who do I take it to,,,what office, court clerk?

Kirk Adams : You don't have to file a motion for discovery.
Kirk Adams : Instead, you just issue your interrogatories and requests for production of documents to the attorney for the other party and file a notice of service with the court clerk.
Kirk Adams : I'm trying to find a complete sample of discovery issued in Arkansas that you could use as a go-by.
Kirk Adams : Here's a request for production form from Arkansas Legal Services: https://www.arlegalservices.org/files/Defendant%20Resquest%20for%20Productions%20of%20Documents.doc
Customer:

I was told this kid will be able to file bankruptcy to get rid of this default judgement against him. Are there any laws that can prevent him to pay me. I have a default judgement against him already and suing him for 140 thousand. He had no insurance and did not any the orig. subpoena.

Kirk Adams : Unfortunately, what you have been told is likely true.
Kirk Adams : Bankruptcy can discharge a judgment as long as the judgment isn't for fraud.
Customer:

in arkansas they garnish wages

Kirk Adams : If a bankruptcy is filed, you won't be able to garnish wages, freeze bank accounts or anything else.
Customer:

what good is it to sue and get a judgement from court and then it to be thrown out

Customer:

what can i do to stop this thing

Kirk Adams : The judgment isn't thrown out, per se. But the person har a right to file bankruptcy and have the judgment debt discharged just like any other debt.
Customer:

i was told they have passed new laws to prevent this type of thing

Kirk Adams : There's no law to prevent a person from filing bankruptcy and discharging a debt.
Customer:

i was told i would be a secure debtor and i would have to be notified before the bankruptcy hearing

Kirk Adams : The ONLY type of judgment that cannot be discharged is a judgment for fraud.
Customer:

like student loans

Customer:

can the sheriff sell his stuff

Kirk Adams : You're not a secured creditor UNLESS there is collateral securing your debt,
Kirk Adams : A secured creditor is like a mortgage lender (house is security), or a car loan (car is security), etc.
Kirk Adams : If you just have a judgment, you're no more secured than a credit card company or some other lender/creditor that doesn't have security.
Customer:

i just do not understand how he can get out of this, he is being rewarded for not having insurance and wrecking someone

Kirk Adams : A student loan is practically the ONLY type of consumer debt that cannot be discharged, generally -- but there are even exceptions that allows all or part of student loan debt that can be discharged.
Customer:

can i place liens on his house and truck

Kirk Adams : I understand your frustration, but I represent major creditors (mostly banks) and when someone files bankruptcy, most creditors don't get made whole - - especially unsecured creditors.
Kirk Adams : Your judgment is a lien against ALL of his property right now.
Customer:

i am going to have to file for bankruptcy myself....i 40 thou in med bills and it looks like i am going to get screwed

Customer:

how fast can i get to his property

Kirk Adams : So, if the judgment is filed with the court, then it's a lien against this person's house and any other property, and you have a right to pursue those things and try to levy execution (sell) the property to recover the amount of your judgment. The ONLY problem with that is most people have a mortgage and a car payment, so there's no money left to pay you once the prime lender (first lienholder) is paid in full.
Kirk Adams : As for how fast you can do something,
Kirk Adams : a garnishment against wages or freezing a bank account can be done within a week or so.
Kirk Adams : However, a writ of execution where you seize property and sell it can take months because you have to file a petition, serve the debtor, have a hearing, get a court order, etc.
Customer:

i hear arkansas is a garnishment state

Kirk Adams : Yes, Arkansas allows wage garnishments.
Kirk Adams : Here's a link on that: http://www.nolo.com/legal-encyclopedia/arkansas-wage-garnishment-laws.html
Kirk Adams : HOWEVER, if this person files bankruptcy at any time, EVERYTHING STOPS.
Kirk Adams : You can't try to collect a cent if/when he files bankruptcy.
Customer:

he is going to get his license suspended by my insurance company as soon as the judgement happens,

Customer:

so, he is basically going to get a free pass

Kirk Adams : You know as well as I that the second he finds out that you've issued a wage garnishment or frozen his bank account, he's going to file bankruptcy and styme any chance that you have to collect.
Kirk Adams : IF he files bankruptcy, he should be discharged of this judgment and you wouldn't have the right to collect anything.....
Kirk Adams : or if there was some money to pay you, you'd be treated as an unsecured creditor and would likely receive pennies on the dollar - - if that.
Customer:

what can i do to him

Kirk Adams : Nothing - - IF HE FILES BANKRUPTCY
Customer:

i am suing for 140 thousand

Kirk Adams : If he doesn't file bankruptcy, and if you get a judgment, you can try to capture and liquidate any property he has, garnish wages, freee bank accounts, etc.
Kirk Adams : But, if he files bankruptcy, and there is no security pledged as collateral for the debt you're owed, then it's not going to end well.
Kirk Adams : Unfortunately, there's no way to stop the guy from filing bankruptcy and getting a discharge.
Customer:

like you said, he is going to file, so there is nothing i can do,,,,,i sent him a subpoena, and he did not sent the correct insurance information, will the judge issue something to him

Kirk Adams : If you issued a subpoena and the responses you received weren't correct or responsive to the request, you can file a motion to compel production of the requested information and the judge should order him to comply by providing the proper information.
Kirk Adams : OFTEN, getting a judgment is the easiest part because a party files bankruptcy to discharge the judgment OR the debtor hides property to try and defeat collection attempts, etc.
Customer:

ok, at this moment, there is a internal affairs investigation into the police, city prosecutors office and even the judge

Customer:

this kids mother works in the adult probation office and i think she is the reason the officer who came to the scene and the officer even misspelled the kids name on the police report.

Customer:

and then the police dept lost his ticket

Customer:

he never went to court about the ticket or nothing

Kirk Adams : It's certainly possible that there's corruption.....you see it everywhehre.
Kirk Adams : Yeah, that definitely sounds fishy.
Customer:

i think i can get more money going after the police dept and his mother that getting money from him

Customer:

i talked to the mayor, he called twice on friday and i talked to him on Saturday at noon and told him what was going on,.

Kirk Adams : You're definitely right about that. If he has no insurance coverage, then suing the city and PD for corruption, abuse of procedure/abuse of process, etc. may be the way to go IF you can prove that their actions damaged you.
Customer:

tell me more,,,,it has cost me thousands of dollars

Customer:

i had to give the hospital 10 grand before they would even operate on me.

Kirk Adams : If you want to sue the city and PD, you really need to consult an attorney in your area because any time a state agency is sued, there are very specific guidelines, notice provisions, etc. that must be honored before you can even file suit. Also, the time frame to sue is very short - - sometimes as little as 1 year.
Customer:

well we did not find the ticket missing until

Customer:

Sept or October. Should it start from then

Kirk Adams : Yes, that's likely when the time to sue would begin. Usually, it's when you knew or should have known of improper activity, fraud, etc. occurred. If that's the date you discovered the issue, that's when the time should run.
Customer:

i was told, they would have done nothing about his ticket until I said something. I was at the police station the month after it happened and I have been up to the police station at least 15 times in the last year trying to get something done, and they have lied to me and just told me stuff so I would just go away.

Kirk Adams : I'm sure you're right. Had you not found this out, nothing would likely have ever come of it.
Kirk Adams : The ticket wold have just been "taken care of".
Customer:

i just cannot believe if he had insurance everything would have been ok and he is being rewarded for not having insurance.

Customer:

he told a lie about me in court, what can i do to him for lying about me

Kirk Adams : If he made a false statement, you can cross examine him at trial and try to prove that he was not being truthful on this issue.
Customer:

i plan to do that,

Customer:

but, i can prove he lied,

Customer:

as far as discovery goes, can i subpoena his work for his W 2

Kirk Adams : Yes, you can issue a subpoena to his employer for his work records, income information, pay stubs, etc.
Kirk Adams : W-2 could be requested too.
Customer:

in my situation,,,,what might you do if this happened to you, is this even worth pursuing....

Kirk Adams : If wrongdoing is found against the court, judge, prosecutor, then it is likely worth pursuing.
Customer:

what about the police dept.

Customer:

can i subpoena the court transcripts

Kirk Adams : Them too. I would recommend that you consult with a local personal injury attorney, however, because of the procedural red tape one has to get through to sue a state agency or a sovereign of the state.
Kirk Adams : You can request a transcript from the court reporter - - there's no need for a subpoena for that as it is public record.
Kirk Adams : However, not all hearings are transcribed, so it is possible that there is no transcript.
Customer:

she wants to charge me 300 dollars

Kirk Adams : She's entitled to be paid for it.
Kirk Adams : Even if you issued a subpoena, you'd have to pay for it.
Customer:

screwed again

Customer:

is there any upside to any of this mess

Kirk Adams : I've had to pay for a many trial transcripts, and they ain't cheap!
Customer:

i need it to get the judge,,,he told this kid, while on the bench, on the record, he could file bankruptcy....should he have said he is not suppose to dispense legal advice while on the bench

Customer:

ok, i will let you go....i am so disgusted by this whole mess

Customer:

i appreciate you info,,,,you are much better that the other lawyer I talked to before.

Kirk Adams : That may or may not be something improper. The judge telling the person that he needs to file bankruptcy would likely be improper because it's advice, BUT the judge telling the person that bankruptcy is an option may not be improper because that's really no secret. So, knowing exactly what the judge said would be important.
Kirk Adams : Thanks for allowing me to help out! I really appreciate it......
Kirk Adams : Thanks for the kind words - - we're neighbors (I practice in Tennessee and Mississippi), so maybe we just communicate better!
Roger, Attorney
Satisfied Customers: 25988
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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