Post Judgment Deposition

A Post Judgment Deposition is where you are forced to testify under oath about your assets.  Typically there is a court reporter taking down all of the information or there is even a video camera recording all testimony.

Appearance

If you fail to appear at a scheduled post judgment deposition then the Court may hold you in contempt.  Being in contempt is something that always needs to be avoided.  Usually you are required to appear and produce documentation at your post judgment deposition.

Testimony

All testimony is under oath.  Usually you will be asked about business’s that you own or any assets that you own.  If you produce documents, they will ask you about the documents.  All testimony can be used to prove a perjury case against you if you do not tell the truth under oath.

Documents

Tax returns are often requested from creditors.  If you fail to produce them, the Court will likely allow the creditor to obtain them from the IRS.  Bank statements and all other financial documents are often requested.  If you fail to produce documents, you may be held in contempt of court.

Settlement or Bankruptcy

Before the deposition, settlement or bankruptcy should be considered.  A bankruptcy will stop the deposition and most likely discharge the judgment.  If you have been served or notified with a post judgment deposition then contact us immediately.