Legal Definitions - postjudgment discovery

Postjudgment discovery refers to the legal process of gathering information from a party after a court has issued a final judgment or order in a case. While "discovery" typically occurs before a trial to prepare for litigation, postjudgment discovery is specifically used to help enforce or collect on that judgment.

For instance, if a court orders one party to pay money to another, but the debtor refuses or claims inability to pay, the winning party can use postjudgment discovery tools to uncover assets, income, or other financial information. This allows them to identify property that can be seized or wages that can be garnished to satisfy the judgment.

• Example 1: Business Debt Collection

  A small manufacturing company, "InnovateTech," successfully sues a client, "Global Distributors," for unpaid invoices totaling $150,000. The court issues a judgment in InnovateTech's favor. However, Global Distributors claims it has no funds to pay. InnovateTech's attorney initiates postjudgment discovery by sending interrogatories (written questions) to Global Distributors, demanding information about their bank accounts, real estate holdings, and accounts receivable. They also subpoena bank records and depose Global Distributors' CFO to understand their financial structure and identify assets that could be used to satisfy the debt.

  This illustrates postjudgment discovery because InnovateTech is using formal legal tools to compel Global Distributors to reveal financial information *after* a judgment has been rendered, specifically to locate assets for collection.

• Example 2: Child Support Enforcement

  Following a divorce, a court orders Mr. Henderson to pay $1,500 per month in child support to his ex-wife, Ms. Davis. After several months, Mr. Henderson stops making payments and claims he lost his job and has no income. Ms. Davis's attorney files a motion for postjudgment discovery. They serve Mr. Henderson with a subpoena demanding his recent pay stubs, bank statements, and tax returns. They also send a subpoena to his former employer to verify his employment history and current income status, and to his current employer (if any) to initiate wage garnishment.

  This demonstrates postjudgment discovery as Ms. Davis is using legal mechanisms to obtain financial details from Mr. Henderson *after* the divorce judgment (which included the child support order) to enforce the ongoing support obligation.

• Example 3: Personal Injury Damages

  Ms. Chen wins a personal injury lawsuit against Mr. Miller, who was found responsible for a car accident that caused her significant medical expenses and lost wages. The court awards Ms. Chen $200,000 in damages. Mr. Miller, however, only has minimal insurance coverage and claims he cannot afford to pay the remaining balance. To find other sources of funds, Ms. Chen's attorney begins postjudgment discovery. They send requests for production of documents, asking Mr. Miller to provide titles to any vehicles or properties he owns, details of any investments, and information about any other insurance policies he might hold. They might also schedule a debtor's examination, where Mr. Miller is questioned under oath about his assets and financial situation.

  This is an example of postjudgment discovery because Ms. Chen is employing formal legal procedures to uncover Mr. Miller's assets and financial capacity *after* the court has already determined his liability and the amount of damages, with the goal of collecting the awarded compensation.