Once you have obtained an Arizona judgment (or domesticated a foreign judgment), the important process of collecting on the judgment begins. There are many collection tools available to creditors, but typically your efforts will be more successful with attorneys like those at the law firm of Windtberg & Zdancewicz, PLC.
One method for obtaining information regarding the judgment debtor’s assets is to conduct an examination. A judgment debtor examination directs the debtor to appear in court or at the attorney’s office to answer questions concerning his or her assets. Additionally, a creditor may issue a subpoena duces tecum that requires the debtor to bring certain documents that identify his or her assets to the examination.
In order to compel a debtor to appear for a judgment debtor examination in Arizona, one must:
1. File the appropriate motion with the court.
2. Have a subpoena duces tecum issued.
3. Obtain a court order that provides for issuing a civil arrest warrant against the debtor if he or she fails to appear and comply with the order.
4. Obtain personal service of the debtor examination documents on the debtor.
It is important to understand that the debtor must have been personally served with the examination documents in order for an arrest warrant to be issued. Alternative forms of service are not sufficient to obtain an arrest warrant in the event the debtor fails to appear. If a civil arrest warrant is enforced, the sheriff will contact your attorney (or other officer) and advise him that they have detained the debtor, and the court will set a time for questioning.
If you are need assistance collecting on a judgment in Arizona, the attorneys at Windtberg & Zdancewicz, PLC, are prepared to help. Please call us today!
The attorneys at Windtberg & Zdancewicz, PLC, provide clients with experienced legal representation. We handle many types of business disputes on behalf of both creditors and debtors. Our attorneys handle cases from pre-litigation negotiations through litigation, obtaining and enforcing judgments to collect what our clients are owed. If you need assistance, or are interested in learning more, please contact us at (480) 584-5660.