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Answering Post Judgment Interrogatories from Discover (in GA)


GAMama4
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Hi! I received a judgment against me in favor of Discover Bank in early January. I'm unable to pay, and my husband and I are in the first stages of filing for bankruptcy (paperwork is with our attorney; hope to have it filed in the next month).

On May 1, I received a letter from the attorney for Discover that I was being served with Post Judgment Interrogatories. I'm unsure how to answer these since I'm now post judgment. (Also, I'm a stay-at-home mom. My name isn't on the mortgage or car, but is on our joint checking account.) Any thoughts?

I've already answered interrogatories on another case (from Cap One/Hanna and Assoc), so I'm somewhat familiar in how to answer them, but am unsure now because the Discover case did end in a judgment. I put two answers down on items that were requests for docs, not questions.

Here are the Post Judgment Interrogatories . . .

1. Provide your full name, address and telephone number.

2. List your current employment, including name and address for current employer.

3. Identify each and every piece of real property titled in your name or in your name, jointly with that of another individual. Please identify all mortgages on said property, listing the name of the lender and the amount owed to each mortgage lender as well as the date of said mortgage.

4. Identify all persons or companies with whom you have an account receivable, including the address and telephone number for each person or company identified.

5. Identify all items of personal property and equipment owned by the (sic) you, including the serial numbers for each piece of equipment identified.

6. Identify all trucks, automobiles, planes or boats owned or leased by you or owned jointly with another individual, including the make, model, year and vehicle identification number.

7. If there is a lien on the vehicle, please identify the lienholder, the amount of money owed pursuant to the lien and the date the lien was incurred.

8. State the name, address and telephone number of the person, persons or company that provide or have provided accounting services to you.

9. State the name, address and telephone number of each and every bank, financial institution or brokerage firm where you maintain a checking, savings or investment account in your individual name, or jointly with another person or in company name, and state the account number for each account identified.

10. List all other current sources of income, including pension, social security, disability, worker’s compensation, unemployment compensation, the monthly amount of any payment from the above sources, how long you have received the payment and how long do you expect to receive said payment.

11. Please provide copies of your individual income tax returns for the past three (3) years.

OBJECTION This is a request for documents, not an interrogatory, and is therefore improper.

12. Please provide copies of bank statements for the past three (3) months.

OBJECTION This is a request for documents, not an interrogatory, and is therefore improper.

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So what are confusing and you need help with understanding on 1-10? Those are about as straight forward as you can get.

I agree if they are interrogatories they are improper for 11 and 12, but I might just say objection and not an interrogatory and not tell them what it is, but it's not like they can't figure it out.

What is your specific question about what question you are having problems figuring out. This is post judgement, those are all intended to find your money/assets so they can take what is not exempt.

Unless you have a complex BK, why in the world would it take more than a couple of hours to get the BK filed. I'm not even an atty and could get enough of a BK filed to put the brakes on this and I know several members that have done BK pro-se or with just the help of a para legal. Is it a complex BK or something?

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Our bankruptcy is a bit complex as it involves our personal loans to a business that failed, and it just goes on from there. We're a big mess, and thus the BK. There is a chance our attorney will have it filed by Monday, but I just want to play it safe and answer in a timely manner. (Although my attorney suggested that I could call the plaintiff's attorney and ask for an extension . . .maybe that makes more sense?)

My confusion on the interrogatories is that on the other interrogatories I was able to deny certain claims since Cap One/Hanna hadn't shown any proof of certain claims. Since this is a post judgment request, I just am unsure of what information to simply share and what information I can refuse (in some form or another) to share. This isn't the court compelling me to share information, so I guess I was under the impression that the attorney couldn't simply ask me to hand them my bank information.

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Right, I understand, but these are post judgement, the claim has not only been established, but won.

I'd ask for the extension, actually I would not answer them and wipe my rear with them and send them back, but I'm just that way and I know you don't want to go that route so I'd ask for the extension.

I know of nothing in the law, other than a convict with a needle in his arm and the warden standing by the phone waiting on the Supreme Court to call, that can't be delayed six weeks for pretty much anything, and the convict has been waiting at least 10 years

And you are correct this is not the court telling you but that is because the courts want the parties to try and work it out prior to them getting involved. So yes, it's not the court but they will ask the court to get involved if you don't answer. That is why I said I would not answer because it would probably take three months minimum for them to get the court to issue an order and then that order would probably give you another 30 days to answer, hence about four months could be bought simply by throwing them in the trash. Your getting ready to drop the nuke anyway.

Edited by Coltfan1972
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