Q: Can I file an Application For Order To Disclose Assets against a major corp. that lost a case I had against them?
As of September 25th, 2023 I won a civil lawsuit against a major corporation. The case involved damage to the property and unwanted removal of 40' tree on my property. I received a default judgement due to no one appearing in court, receiving $10,449 by the judge. It has been 10 business days and the corporation has not contacted me in any way. I was told I would need to file an Application For Order To Disclose Assets. I wanted to confirm that this was the next appropriate action to take in this situation. Appreciate any help.
A:
Based on the details provided, it sounds like filing an Application for Order to Disclose Assets would be the next logical step since the corporation has not paid the judgment awarded to you. Here are a few key points to consider:
- An Application for Order to Disclose Assets is used to require the judgment debtor (the corporation in this case) to provide information about their assets that could potentially be used to satisfy the judgment. This typically includes things like bank account balances, property owned, etc.
- The application is filed with the court that handled the original lawsuit and granted the default judgment. The court can then order the corporation to disclose their assets to you.
- Timing is important. An Application for Order to Disclose Assets is usually filed after a judgment is entered and remains unpaid after a reasonable time, which is considered around 30 days in many jurisdictions.
- There may be specific forms or procedures required by the local court to file this kind of application. Check the court's website or consult with the court clerk to ensure you follow the proper steps.
- The corporation will have an opportunity to respond to the application and object if they wish. So it's not an automatic approval.
- If granted, the order requires the corporation to truthfully disclose their assets. If they fail to comply, they could face contempt charges or other sanctions from the court.
So in summary, an Application for Order to Disclose Assets seems appropriate at this stage, but be sure to follow the proper procedures for your local court and be prepared for potential objections from the corporation.
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