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Rule 69 hearing, Depositions, Post Judgment = Small Claims Court

Denver, CO |
Filed under: Litigation

I need to collect on a small claims judgment. It's $6,000
The Debtor did not show up for contempt citation hearing and has bench warrant issued on him, which is not what I need, since still can't get paid.
The question is - can I now set Rule 69 hearing - does this rule apply to civil and small claims courts or is it just for District courts?
Or should I have the Clerk of Court issue a Subpoena for Deposition in aid of Execution
and conduct depositions of third parties who are in financial relationship with the Debtor
All this to collect on a judgment.

Please advise if possible at all

Attorney Answers 2

Posted

Collecting on a judgment is complex. First you need to make sure that the judgment has been perfected as a lien, usually by recording it with the county clerk. Then you need to get information about the debtor's assets, including bank accounts and valuable property. This may be done by deposition, but may be more simply and cheaply done if you serve post-judgment written discovery. Once you have that information, you may seek permission from the court, usually in the form of an order for execution, to have bank accounts and/or wages garnished, or to have property seized and sold by the sheriff. Your county sheriff probably has information about how to proceed once you have an order for execution.

You will need to check on Colorado procedures for each of these steps. Start at the nearest law library, maintained by the court, the county, or a law school.

This communication may be considered an Attorney Advertisement under the Minnesota Rules of Professional Responsibility. Rogers Law Office is a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code within the meaning of Title 11, United States Code Section 528.

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1 comment

Asker

Posted

Thank you sir for taking time to respond. However I would really appreciate a specific answer to the specific question asked from a Colorado lawyer, and not just a general outline of debt collection tools. Thanks again

Posted

The good news with respect to the contempt citaation and bench warrant is that, usually, the court will set the bond amount for the warrant at the amount due. So, when the defendant is caught and taken into custody, he or she will need to post that amount due you for his bond. Assuming it happens that way, you would pretty much just need to file an appropriate motion asking the court to release that amount of money to you. Then, upon receiving it (and the funds clearing), you would provide the defendant a satisfaction of judgment for he or she to record it on the public records.

The information provided herein does not create an attorney-client relationship. The information provided is to suggerst some general principles and should not be relied upon for client decisions. Only upon the hiring of counsel can such advice be custom-tailored to the client's specific situation and needs.

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3 comments

Asker

Posted

The problem is - he might never be taken into custody. And nobody is going to pick him up just because he does not pay people. I am going to depose his parents, will subpoena bunch of banks in the area and whoever is seen around his house. Ok will do that

Asker

Posted

I can't choose this as best answer, since this was not an answer to the question. Thank you so much for your time

Richard Franklin Taub

Richard Franklin Taub

Posted

Since the procedures for collection would be more responsive, but are clearly too overwhelming to a non-lawyer and involve strategic choices, I thought it more appropriate to address the collateral benefit that may befall you of taking the individual's bond. Consider pushing law enforcement in his locale to pick him up on the warrant to speed things along.

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