Post-Judgment Discovery
Before an amendment to Minn. Stat. §550.011 became effective on August 1, 2009, if a judgment was docketed for at least 30 days and not satisfied, only the district court could order the judgment debtor to complete a financial disclosure form. It can take weeks for the court to issue its order for financial disclosure. With the recent amendment to the statute, the judgment creditor’s attorney—as an officer of the court—may directly demand disclosure from the judgment debtor. If the judgment debtor fails to disclose within ten days after receiving the demand, the judgment creditor may request an order to show cause. The statute applicable to conciliation court, Minn. Stat. §491A.02, subd. 9, was similarly amended. These amendments make a cost-effective discovery tool even more efficient.
About Michael J. Stepan
Mike Stepan's practice emphasizes creditors’ rights in bankruptcy, commercial-loan enforcement, real-estate litigation, foreclosures, workouts, and litigation.