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ask for information subpoena

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ask for information subpoena
Submitted: 8 years ago.Category: Legal
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5/29/2009
Lawyer: TexLaw, Attorney replied 8 years ago
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
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Customer reply replied 8 years ago
I won a case regarding unpaid wages. I am trying to satisfy the judgement over six months but was not successful. The sheriff replied me that they could not find any funds.

How can I request for informaiton subpoena and what else can I do to collect the judgement?

Thanks,
S.
Lawyer: TexLaw, Attorney replied 8 years ago
Hi
<br />
<br />Thank you for submitting your important legal issue to Just Answer. I am pleased to have the opportunity to provide you with an honest and easy to understand answer to your question.
<br />
<br />I am an attorney licensed in the State of Texas. The following information is a brief answer to your question. However, if you feel that you need further information or that you have other insights which might help me in providing a better answer, please feel free to write back.
<br />
<br />Collecting a judgment can be very difficult. In this case it sounds like you are trying to collect against someone that does not have many assets. The judgment can be executed against not only funds, but also against physical assets through a "writ of execution". However, I would think the sheriff would check for property that he could execute upon as well before he returned to you with empty hands.
<br />
<br />In New Jersey you have the right to conduct "post judgment discovery", which allows you to conduct discovery in the same manner as you would have during the case before you obtained the judgment. Thus, you have the ability to send interrogatories, requests for production, to take witness depositions and to serve subpeonas.   As you are trying to discovery the financial assets of a party, you need to petition the court to allow you to conduct post judgment discovery. Then you need to serve the Defendant with a Notice of Deposition and subpoena, and get the sheriff to serve it on the Defendant. At the deposition you need to ask questions about where the Defendant's assets are and what his bank account information is, etc. This may be difficult to do without obtaining a lawyer.
<br />
<br />Another avenue would be to send interrogatories and attach a subpoena. In the interrogatories, you ask written questions about his assets, to which Defendant must make a written response. Unfortunately, all of these documents (subpoena's, deposition notices, requests for production) are not forms and are not documents which are produced by the Court, they are documents that the individual litigants must draft themselves. Thus, the need for a lawyer in this situation.


However, I also see that you state that the company has assets. You need a new writ of execution that states that the company has assets at a certain address and the sheriff is directed to go to that address and seize those assets and sell them at auction to satisfy the judgment.
<br />
<br />I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.
<br />
<br />If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.
<br />
<br />The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Zachary D. Norris or The Norris Law Firm. For complete legal advice and representation, you should consult with an attorney licensed to practice in your state.
<br />
<br />
<br />
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
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Customer reply replied 8 years ago
Thank your for the prompt feedback.

I understand I would need an attorney for proceeding.
I am located in CT now; can an attorney from CT represent me?



Lawyer: TexLaw, Attorney replied 8 years ago
It is possible for a CT attorney to represent you in NJ. They would have to seek permission from the court unless they were also licensed in CT (this is done through a Motion for Pro Hac Vice). However, there may be a "local counsel" requirement in the court, which means your CT attorney would have to retain a local NJ attorney. And, it may be more cost effective just to hire a NJ attorney to do it, unless the CT attorney has a better understanding of the Defendant.

I'm glad to have been of service to you. Good luck.
Zachary D. Norris
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