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Interrogatories in Federal Court to Judgment Debtor in General and

New York Interrogatories in Federal Court to Judgment Debtor in General and

Name: New York Interrogatories in Federal Court to Judgment Debtor in General and
Brand: US Legal Forms
Rating: 4.64 (223 reviews)

Category:

Civil Procedure - Judgment Debtors

State:

Multi-State

Control #:

US-02409BG

Format:

Instant download

Description

Rule 33 of the Federal Rules of Civil Procedure provides in part as follows:

Unless otherwise stipulated or ordered by the court, a party may serve on any other party no more than 25 written interrogatories, including all discrete subparts. Leave to serve additional interrogatories may be granted to the extent consistent with Rule 26(b)(2).

Rule 69 of the Federal Rules of Civil Procedure provides in part as follows:

In aid of the judgment or execution, the judgment creditor or a successor in interest whose interest appears of record may obtain discovery from any person including the judgment debtor as provided in these rules or by the procedure of the state where the court is located.

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You can use interrogatories to find out facts about a case but they cannot be used for questions that draw a legal conclusion.

Interrogatories are governed by Rule 33. There are no Form Interrogatories (or Special Interrogatories) in federal court; they are simply called Interrogatories. The Rule limits a party to serving no more than 25 interrogatories ?including all discrete subparts? on any other party. (Rule 33(a)(1).)

NUMBER AND SCOPE OF INTERROGATORIES. Rule 33(a), Federal Rules of Civil Procedure, restricts to 25 (including all discrete subparts) the number of interrogatories a party may serve on any other party.

Each party is allowed to serve 25 interrogatories upon any other party, but must secure leave of court (or a stipulation from the opposing party) to serve a larger number.

If your case is an unlimited civil case (over $25,000) you may ask up to 35 special interrogatories, but may ask more with a declaration explaining the need for additional requests and a statement that the request is not done for an improper purpose.

Federal Rule of Civil Procedure 69(a) provides that the procedure to execute on a money judgment ?must with the procedure of the state where the court is located.? Thus, after winning a civil judgment, a judgment creditor will use state law procedures in supplemental federal proceedings to collect the award.

Interrogatories shall be answered in writing under oath by the party served, if an individual, or, if the party served is a corporation, a partnership or a sole proprietorship, by an officer, director, member, agent or employee having the information.

Rule 33(d) states that a party electing to respond to an interrogatory by providing electronically stored information must ensure that the interrogating party can locate and identify it ?as readily as can the party served,? and that the responding party must give the interrogating party a ?reasonable opportunity to ...

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Oct 16, 2023 — CIVIL COURT OF THE CITY OF NEW YORK COUNTY OF QUEENS. ABC Debt Purchasers, LLC, Index No.: 12345/2023. Plaintiff, -against-. Jane Doe, Defendant ... Sep 25, 2023 — New York State Unified Court System: Ask a Law Librarian banner. NYS ... How do I write questions to a debtor to find out if the debtor has ...Mar 2, 2006 — information may be obtained thru the Request For Production Of Documents To Judgment. Debtor. IN THE UNITED STATES DISTRICT COURT FOR THE. Oct 29, 2018 — (c) If the judgment creditor is the United States, upon the ... The U.S. District Court for the Southern District of New York provides litigants ... (a) In General. (1) Money Judgment; Applicable Procedure. A money judgment is enforced by a writ of execution, unless the court directs otherwise. Do I have to file discovery requests or responses with the court? • No. Federal Rule of Civil Procedure 5 and Local Civil Rule 5.1 state that discovery. While a judgment creditor, in the interest of justice, probably should have the right to submit interrogatories to a judgment debtor, in accordance with the ... If you have received interrogatories, you have thirty days to prepare your written answers (unless the court has ordered something else). You do not file your ... The creditor can foreclose on the judgment lien property. Accordingly, the judgment creditor needs to find the debtor's assets, then get the aide of the court ... by JN Fournier · Cited by 50 — The action was brought in a federal district court in New York to enforce rights accruing under Louisiana law. ... judgment debtor is returned unsatisfied, and ...

New York Interrogatories in Federal Court to Judgment Debtor in General and

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