What should we do about a court order for judgment examination?

Full question:

My wife bought a car over ten years ago. She could not afford it and turned the car in without paying for it. She received a court order today to appear in court in July 22, 2009 for examination of the judgment against her. What can we do legally?

  • Category: Discovery
  • Subcategory: Depositions
  • Date:
  • State: Maryland

Answer:

An examination of a judgment debtor is similar to a deposition. During this process, the person is questioned under oath to find out about their assets that could be used to pay the judgment. The questions can cover any relevant matter that is not privileged. This means you can ask about areas that might not be directly admissible in court if they help uncover admissible evidence.

The rules for objections during this examination are more limited than at trial. If you don’t raise objections at the time of the deposition, you may lose the right to do so later. Common objections include claims that a question is ambiguous, confusing, or leading. An attorney may advise their client not to answer certain questions, and the questioning party may then rephrase the question.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, you can sue someone for not paying a loan you cosigned. As a cosigner, you are equally responsible for the loan. If the primary borrower fails to make payments, the lender can pursue you for the debt. Before taking legal action, consider communicating with the borrower to resolve the issue. If that fails, you may file a lawsuit to recover the amount owed, including any additional costs incurred due to the default.