Riverside California Requests for Production of Documents in Federal Court to Judgment Debtor in General and Regarding Property Available to Satisfy Judgment

State:
Multi-State
County:
Riverside
Control #:
US-02718BG
Format:
Word; 
Rich Text
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Description

Rule 34 of the Federal Rules of Civil Procedure provides in part as follows:



A party may serve on any other party a request within the scope of Rule 26(b):

(1) to produce and permit the requesting party or its representative to inspect, copy, test, or sample the following items in the responding party's possession, custody, or control:

(A) any designated documents or electronically stored information - including writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations - stored in any medium from which information can be obtained either directly or, if necessary, after translation by the responding party into a reasonably usable form; or

(B) any designated tangible things.


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.


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.


Riverside, California: A Vibrant City with Rich History Located in Southern California, Riverside is a bustling city with a population of over 330,000 residents. Nestled alongside the scenic Santa Ana River, Riverside is known for its diverse culture, vibrant arts scene, and historical significance. The city is well-connected, boasting easy access to major highways and a robust transportation system. Riverside is home to several renowned educational institutions, including the University of California, Riverside, which contributes to the city's intellectual atmosphere and fosters a thriving student community. The campus is known for its research contributions and distinguished faculty, making it an academic hub within the state. One of the city's major attractions is the Riverside Art Museum, which showcases a wide range of contemporary and traditional art forms. The museum regularly hosts exhibits, workshops, and events, attracting art enthusiasts from all around. Similarly, the Riverside Metropolitan Museum offers a glimpse into the city's historical past and exhibits artifacts that depict the region's rich heritage. For outdoor enthusiasts, Riverside offers various recreational opportunities. The stunning Mount Rubidium Park provides breathtaking views of the cityscape and invites visitors to hike along its numerous trails. The Fairmount Park houses several lakes, offering fishing and boating activities, while the California Citrus State Historic Park is a must-visit for those interested in the city's citrus-growing heritage. In regard to legal matters, specifically in Federal Court, requests for production of documents to a judgment debtor can take various forms. These requests are typically a crucial part of the legal process when a judgment creditor seeks to collect the judgment amount from the debtor's assets. Specific types of Requests for Production of Documents in Federal Court to Judgment Debtor include: 1. Financial Records: These requests seek to obtain documents related to the judgment debtor's bank accounts, investments, and other financial assets. This includes bank statements, tax returns, pay stubs, and any other relevant financial records. 2. Property Ownership Documents: These requests focus on collecting documents related to real estate or other property owned by the judgment debtor. This can include deeds, titles, mortgage documents, lease agreements, or any other evidence of property ownership. 3. Business Documents: If the judgment debtor owns or operates a business, requests for production may seek documents related to the business operations, such as financial statements, contracts, tax returns, and business records. 4. Employment and Income Related Documents: These requests aim to gather information about the judgment debtor's employment and income sources. This can include employment contracts, income statements, commission reports, and other relevant records. 5. Debts and Liabilities: Requesting documents related to the judgment debtor's debts and liabilities can provide insight into potential sources of funds to satisfy the judgment. This may include loan agreements, credit card statements, and any other relevant debt-related records. 6. Trusts and Estates: In cases where the judgment debtor may have assets held in a trust or estate, requests for production may target documents related to these entities. This can include trust agreements, estate plans, and probate records. Successful fulfillment of these requests for production of documents is crucial to helping the judgment creditor identify and locate assets that could be used to satisfy the judgment. By obtaining these documents in a Federal Court proceeding, the creditors can proceed with legally appropriate actions to recover the amounts owed.

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FAQ

Ask the court for help. Do not use illegal ways to collect your money. The debtor may be protected from abusive or unfair ways to collect the debt.Encourage the debtor to pay you voluntarily.Be organized. Ask a lawyer or collection agency for help.Make sure you renew your judgment.Ask the court for help.

California state court money judgments automatically expire 10 years after they become final. After that date, the judgment is unenforceable. In order to prevent a judgment from expiring, a judgment creditor should renew the judgment before 10 years runs out.

If a creditor previously obtained an out of state judgment, and now wishes to collect it in California, then the judgment must be registered in California courts. One reason is that the California Sheriff's Department is only authorized to enforce California judgments.

When you win a lawsuit, you can collect the total amount of the judgment entered by the court, plus any costs incurred after judgment and accrued interest on the total amount. To have costs and interest added to the amount owed, you must file and serve a Memorandum of Costs After Judgment (MC-012).

The memorandum of costs must be verified by a statement of the party, attorney, or agent that to the best of his or her knowledge the items of cost are correct and were necessarily incurred in the case.

A motion to tax costs in California is made pursuant to California Rule of Court 3.1700 which states in pertinent part that, (b)(1)Striking and taxing costs. Any notice of motion to strike or to tax costs must be served and filed 15 days after service of the cost memorandum.

If you do not pay the judgment within 30 days or file a Motion to Vacate the Judgment or Notice of Appeal the judgment creditor can sell your real property. The judgment creditor can get an order to sell your land, buildings, or home.

The MC 012 is used to keep a running total of all costs, credits/payments, and interest accrued after. the final Entry of Judgment. Number 1. a) I claim the following costs after Judgment incurred within the last two years. 1) Complete if you filed an Abstract of Judgment (Form EJ-001).

Complete a Writ of Execution (EJ-130) . Have it issued by the clerk and pay the issuance fee by submitting it to the court location where your case was filed or you may also submit the document by eFile. Complete an Application for Earnings Withholding Order (WG-001) . Complete a Sheriff Instruction form.

On the form, say that you want to have the court "Enter Satisfaction of Judgment." File your form with the clerk. The clerk may schedule a court date and let you and all other parties know. If the court is convinced that you have paid, the court will enter the satisfaction of judgment.

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Neither party is entitled to request a jury trial in a small claims action. The judgment creditor can use post-judgment discovery to identify the judgment debtor's non-exempt assets before applying for a writ of execution.Admission to Riverside Community College District-Riverside City. Application of property-related fees to annexed properties .

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Riverside California Requests for Production of Documents in Federal Court to Judgment Debtor in General and Regarding Property Available to Satisfy Judgment