Legal Definitions - supplementary proceeding

A supplementary proceeding is a legal action that takes place after a court has already issued a final judgment in a case. Its primary purpose is to help the party who won the judgment (the "judgment creditor") enforce that judgment, typically by discovering the assets or income of the party who lost (the "judgment debtor") or compelling them to pay what they owe. These proceedings are not about re-arguing the original case, but rather about finding ways to satisfy the existing court order.

Here are a few examples to illustrate:

• Scenario: A small marketing agency, "Creative Campaigns Inc.," won a court judgment against a client, "Local Eatery LLC," for $15,000 in unpaid services. However, Local Eatery LLC has not paid the judgment, and Creative Campaigns Inc. is unsure of the business's current financial status or where its assets are held.

  Explanation: Creative Campaigns Inc. could initiate a supplementary proceeding. This would allow them to legally compel Local Eatery LLC's owner or a representative to appear in court and answer questions under oath about the business's bank accounts, property, and other assets. The information gathered in this proceeding would help Creative Campaigns Inc. identify specific assets that could be seized or garnished to satisfy the $15,000 judgment.

• Scenario: Following a divorce, a court ordered Mark to pay child support to Sarah. Mark has fallen significantly behind on his payments, and Sarah has obtained a judgment for the accumulated arrears. Sarah suspects Mark has a new job but doesn't know the employer's name or his current income.

  Explanation: Sarah could file a supplementary proceeding to require Mark to disclose his current employment, income, and any other financial resources he possesses. The information gathered in this proceeding could then be used to secure a wage garnishment order or identify other assets that could be used to pay the overdue child support.

• Scenario: A landlord, Mr. Henderson, obtained a judgment for unpaid rent and damages against a former tenant, Ms. Davis, after she moved out without paying. Mr. Henderson knows Ms. Davis has a job but doesn't know where she banks or her exact employer details, making it difficult to collect the judgment.

  Explanation: Mr. Henderson could initiate a supplementary proceeding. This legal step would compel Ms. Davis to appear in court and provide specific information about her current employer, bank accounts, and any other assets she owns. With this information, Mr. Henderson could then pursue a wage garnishment or other collection methods to recover the money owed from the judgment.