Winning a judgment confirms the court ruled in your favor, but it does not guarantee payment. When the losing party does not voluntarily pay, additional legal steps are often required to locate assets and enforce the judgment.
Post-judgment discovery allows judgment creditors to obtain financial information needed to identify income, property, and other assets that may be used to satisfy the judgment.
What Post-Judgment Discovery Is
Post-judgment discovery is a legal process that permits the winning party to request information about the judgment debtor’s finances. Its purpose is to uncover assets that can be used to enforce the judgment.
This process focuses on identifying bank accounts, employment income, real property, business interests, and financial transfers.
Common Discovery Methods After Judgment
Courts allow several discovery tools after a judgment is entered. These include written questions, document requests, and depositions requiring sworn testimony.
Judgment debtors may also be ordered to appear for examinations where they must answer questions about their finances under oath.
Disclosure Is Required, Not Optional
Judgment debtors are legally required to provide accurate and complete financial information during post-judgment discovery. Failing to respond or providing false information can result in court sanctions.
Courts expect compliance and often take enforcement seriously when discovery is ignored or delayed.
Discovery Often Reveals Additional Assets
Post-judgment discovery frequently uncovers assets that were not disclosed earlier. This may include new bank accounts, business income, transferred property, or sources of revenue that were not previously identified.
Even when a debtor claims inability to pay, financial records may show otherwise.
Consequences of Failing to Cooperate With Discovery
When a judgment debtor refuses to participate in post-judgment discovery, courts may impose additional orders or penalties. These can include sanctions, contempt findings, or further court hearings designed to compel compliance.
Failure to cooperate often strengthens enforcement efforts rather than preventing them.
Using Discovery to Enforce the Judgment
Information obtained through post-judgment discovery is often used to support enforcement actions such as wage garnishments, bank levies, or liens.
Without accurate financial information, enforcement efforts can stall. Discovery provides the foundation needed to turn a judgment into actual recovery.