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- 1 - PLAINTIFF'S FIRST SET OF POST-JUDGMENT INTERROGATORIESAND REQUESTS FOR PRODUCTION OF DOCUMENTS TO ________________________ At this point, a plaintiff in Minnesota has two options of locating the whereabouts of the judgment debtor's property: either institute supplementary proceedings, or proceed via Rule 69 discovery. These are outlined below. ( See, Steven J. Kirsch, Minnesota Practice; Methods of Practice, Vol.6, ฀ 28 (3d ed. 1990)). Supplementary proceedings: 1. Plaintiff may proceed via supplementary proceedings to determine the extent and whereabouts of the judgment debtor's property which might be applied on the debt. Supplementary proceedings are authorized when an execution is issued to the Sheriff and returned to the Court unsatisfied. (M.S.A. ฀ 575.02) This involves essentially three steps: 1. Issuance of "Writ of Execution and Sheriff's Return," See, Kirsch, Form ฀ 28.10. 2. Application for supplementary proceedings by "Affidavit and Order," See, Kirsch, Form ฀ 28.8. "Affidavit and Order" is filled out by the judgment creditor and contains an order directing judgment debtor to appear for examination. See also, Haydock, Form 69.17 General form of affidavit for examination of judgment debtor after execution returned unsatisfied. 3. If there is a danger that the debtor will leave the state or conceal hi mself, the Court may, upon proper Affidavit, issue a warrant requiring the Sheriff of any county where the debtor is to arrest him and bring him before the Court - 2 - to answer concerning his property. See, Haydock, Form 69.18 General Form of order to appear and answer, based on foregoing affidavit. Rule 69 Discovery: Plaintiff's second option for discovery in aid of execution or judgment is to proceed under Rule 69, wherein plaintiff may examine any person including the judgment debtor in the manner provided in the Rules of Civil Procedure for taking depositions. The advantage of this option over the supplementary proceeding is that plaintiff may circumvent the return of the Writ or Execution unsatisfied, as wel l as, the Affidavit and court order. All that is necessary is to obtain and serve a subpoena together with the "Notice of Taking Deposition" upon the judgment debtor. The disadvantage is that Under Minn.R.Civ.Pro. 3, the deposition must be recorded, resulting in increased expense of the proceeding. It should be noted that judgment creditor may use the full panoply of discovery devises in an attempt to locate assets of the judgment debtor. ( See, Douglas D. McFarland & William J. Keppel, Minnesota Civil Practice ฀2631 (2d ed. 1990)). In other words, the judgment creditor is not limited to discovery devices particular to post-judgment proceedings. The standard discovery aids are at his or her disposal. I cite, therefore, not only Rule 69's form for "Affidavit for discovery of specific property in aid of execution," but also the general rules governing discovery. See , Minn.R.Civ.Pro. 26, General provisions governing discovery; Rule 33, Interrogatories to parties; Rule 37, Failure to make discovery; sanctions. - 3 - TO: _______________Plaintiff, ____________________, requests that the Defendant and Judgment Debtor, ___________________, answer the following interrogatories under oath within thirty days pursuant to Rule 33 and Rule 69 of the Minnesota Rules of Civil Procedure, typing the answe rs in the space provided, or if necessary, on a separately attached page, indicating to which Interrogat ory each answer refers. In addition, Plaintiff requests that Defendant produce for inspection and copying in accordance with Rule 35 and Rule 69 of the Minnesota Rules of Civil Procedure a t the offices of Law Firm., on or before the thirtieth day after service of these requests, all items requested below, or at such other time and place as the parties may mutually agree. These discovery requests are governed by the following instructions and definitions: INSTRUCTIONS CONCERNING INTERROGATORIES AND REQUESTS FOR PRODUCTION Each interrogatory is addressed to the personal knowledge and information of the defendant as well as the knowledge and information of his attorneys, investigators, agents, employees, or other representatives. These interrogatories and request for production are to be deemed t o have continuing effect, so that if, after answers or supplemental answers are serve d and filed, further facts or information concerning the subject of any of the interrogatories or requests for production shoul d come to the knowledge or information or come into the possession of the defendant, such additional data will be promptly supplied as required by Rule 26.05 of the Minnesota Rules of C ivil Procedure. Any additional document described in this request which comes into the possess ion, custody, or - 4 - control of the defendant after the date of the inspection shall also be promptly furnished to the undersigned attorneys. A. Interrogatories In answering these interrogatories, the defendant is required to set out each res ponsive fact, circumstance, act, omission, or course of conduct known to the defendant about which he has or had information. If the defendant is unable to answer any Interrogatory completely, the defendant should so state, and to the extent possible, set forth the reasons for the inabil ity to answer more fully, stating whatever knowledge or information he or she does have concerning the unanswe red portion. B. Requests for Production Please take notice that the defendant has 30 days from the date of service of this request to serve a written response. Such response should state, with respect to each i tem or category of items requested, that inspection and copying will be permitted as requested or, if there is any objection to such inspection and copying, the response should state with particularity the reas ons for objection with respect to each item or category objected to. If objection is made to part of any item or category, that part should be specified. In the event that the defendant contends that any document is privileged or otherwis e not subject to production and the inspection, the defendant is requested to identify in t he written response each such document by date, author, addressee, and general subject matter and to identify all persons who received any copy thereof or otherwise obtained access thereto. Al so, the defendant is requested to state the basis for the assertion of privilege or other grounds for exclusion with respect to each document claimed to be privileged or otherwise not subject to production. - 5 - "Possession, custody, or control" includes actual and constructive possession. Any document which is not in the defendant's immediate physical possession, but t o which the defendant has a right to compel or secure production from a third persons or which is otherwise subject to your control, shall be obtained and produced as directed. The documents shall be produced as they are kept in the usual course of business or shall be organized and labeled to correspond with the categories in this request. The selection of documents from files and other sources shall be performed in such a manner as to ensure that the file or other source from which the defendant is obta ined may be identified. DEFINITIONS Unless conclusively negated by the contest of the question, the following are to be considered applicable to all discovery requests contained in this pleading. 1. The terms "you,", "your,", or "Defendant" refers to __________________, to whom these Interrogatories are addressed; his current and former servants, associates, investigators, representatives, successors, assigns, employees, officers, directors, agents, expert s, corporate subsidiaries, and parents and attorneys, and all parties associated or acti ng or purporting to act on behalf of or in concert with the Defendant. 2. The singular number and the masculine gender as used herein shall embrace, a nd be read and applied as, the plural or the feminine or neuter, as circumstances may make appropriate. 3. The word "person" as used herein shall be deemed to mean, in the plural as in the singular, any natural person, corporation, firm, association, partnership, joint venture, or other form of legal or official entity, as the case may be. - 6 - INTERROGATORIES INTERROGATORY NO. 1: Identify yourself by stating the license number and state of issuance for each driver's license in your name, your full name, including your middle name, and any other name you have used at any time, including each nickname, alias and (if appropriate ) name before your marriage. ANSWER: REQUEST FOR PRODUCTION NO. 1: Please produce at the time and place described in the first paragraph on page 1 of this document, above, all writing and documents concerning and relevant to your answer to the foregoing Interrogatory. ANSWER: - 7 - INTERROGATORY NO. 2: State the current business address and telephone number for Defendant. ANSWER: REQUEST FOR PRODUCTION NO. 2: Please produce at the time and place described in the first paragraph on page 1 of this document, above, all writings and documents concerning and relevant to your answer to the foregoing Interrogatory. ANSWER: - 8 - INTERROGATORY NO. 3: If Defendant owns all of or part of another corporation, partnership or other entity of any nature state for each such: A. Its correct name B. Its current address D. The names of all persons owing any interest therein or who manage any of its affairs and each such person's address and telephone number ANSWER: REQUEST FOR PRODUCTION NO. 3: Please produce at the time and place described in the first paragraph on page 1 of this document, above, all writings and documents concerning and relevant to your answer to the foregoing Interrogatory. ANSWER: - 9 - INTERROGATORY NO. 4: If Defendant is owned completely or in part by another corporation, partnership or other entity of any nature state for each such: A. Its correct name B. Its current address D. The names of all persons owing any interest therein or who manage any of its affairs and each such person's address and telephone number ANSWER: REQUEST FOR PRODUCTION NO. 4: Please produce at the time and place described in the first paragraph on page 1 of this document, above, all writings and documents concerning and relevant to your answer to the foregoing Interrogatory. ANSWER: - 10 - INTERROGATORY NO. 5: Identify each person employed by Defendant by stating as to each such person his or her full name and the person's relationship to Defendant. ANSWER: REQUEST FOR PRODUCTION NO. 5: Please produce at the time and place described in the first paragraph on page 1 of this document, above, all writings and documents concerning and relevant to your answer to the foregoing Interrogatory. ANSWER: - 11 - INTERROGATORY NO. 6: If Defendant rents property, identify each by stating the complete address of each, the full name and address of each landlord, the amount of each rental payment, the day of the month when it is due, the date when it is made, the complete address where rental paym ents are made, and the amount of each deposit paid to the landlord. ANSWER: REQUEST FOR PRODUCTION NO. 6: Please produce at the time and place described in the first paragraph on page 1 of this document, above, all writings and documents concerning and relevant to your answer to the foregoing Interrogatory. ANSWER: - 12 - INTERROGATORY NO. 7: As to all business done by Defendant, state the nature of the occupation, how long Defendant has been in that business, the full name of the business, the address and telephone number of that business, annual income for each of the last five years or for any portion thereof from said business, average monthly income for the last six months, and whether any money is presently owed to Defendant, and if it is, what amount is owed Defendant by whom. ANSWER: REQUEST FOR PRODUCTION NO. 7: Please produce at the time and place described in the first paragraph on page 1 of this document, above, all writings and documents concerning and relevant to your answer to the foregoing Interrogatory. ANSWER: - 13 - INTERROGATORY NO. 8: State whether any compensation is presently owed to Defendant, and if so, in what amount and from whom. ANSWER: REQUEST FOR PRODUCTION NO. 8: Please produce at the time and place described in the first paragraph on page 1 of this document, above, all writings and documents concerning and relevant to your answer to the foregoing Interrogatory. ANSWER: - 14 - INTERROGATORY NO. 9: Identify income, rents or benefits to Defendant from any source by stating the full name and address of each such source, the amount of the income or benefits, precisely when each such payment is received throughout the year, the full name, address, and telephone number of e ach person, financial institution or other entity with which Defendant deposit payments. ANSWER: REQUEST FOR PRODUCTION NO. 9: Please produce at the time and place described in the first paragraph on page 1 of this document, above, all writings and documents concerning and relevant to your answer to the foregoing Interrogatory. ANSWER: - 15 - INTERROGATORY NO. 10: Identify Defendant's current expenses in excess of $100 by stating the frequency with which payments are made, the amount of each payment, the full name and address of eac h recipient of the payments. ANSWER: REQUEST FOR PRODUCTION NO. 10: Please produce at the time and place described in the first paragraph on page 1 of this document, above, all writings and documents concerning and relevant to your answer to the foregoing Interrogatory. ANSWER: - 16 - INTERROGATORY NO. 11: Identify each payment made by Defendant in excess of $500 to any person or entity during the last four years by stating the date and amount of the payment, the full name and complete address of each recipient, the total amount owed the recipient before the paym ent was made, the date on which the payment was due, the balance due the recipient after the payment was made, and the name of the person who made the payment. ANSWER: REQUEST FOR PRODUCTION NO. 11: Please produce at the time and place described in the first paragraph on page 1 of this document, above, all writings and documents concerning and relevant to your answer to the foregoing Interrogatory. ANSWER: - 17 - INTERROGATORY NO. 12: Does Defendant now own, claim an interest in, or have title to any firearm, art object, collection of stamps, coins or other items, or animals worth $100 or more? If so, ide ntify each by stating the current location of each such item, the name and address of eac h person or entity having control over the item, the present estimated market value of the item, and the name of any persons or entity who has title or an interest in the item along with Defendant, de scribing the nature of that interest. ANSWER: REQUEST FOR PRODUCTION NO. 12: Please produce at the time and place described in the first paragraph on page 1 of this document, above, all writings and documents concerning and relevant to your answer to the foregoing Interrogatory. ANSWER: - 18 - INTERROGATORY NO. 13: If you have not already done so, identify the real estate or personal property owned by Defendant stating as to each such item its legal and common description, the present estimated value of the item or property, the location of the item or property, the amount paid for t he property when acquired by Defendant, and the name of any person owing or having an interest in that property. ANSWER: REQUEST FOR PRODUCTION NO. 13: Please produce at the time and place described in the first paragraph on page 1 of this document, above, all writings and documents concerning and relevant to your answer to the foregoing Interrogatory. ANSWER: - 19 - INTERROGATORY NO. 14: Identify any pension plan, retirement fund, annuity fund or profit-sharing plan in which Defendant has an interest by stating as to each the full name and address of the manager or administrator of the plan or funds, and the present value of such. ANSWER: REQUEST FOR PRODUCTION NO. 14: Please produce at the time and place described in the first paragraph on page 1 of this document, above, all writings and documents concerning and relevant to your answer to the foregoing Interrogatory. ANSWER: - 20 - INTERROGATORY NO. 15: Identify the bookkeeping or accounting services rendered to Defendant during the last five years by stating as to each the full name and complete address of the acc ountant, bookkeeper or certified public accountant or other person who performed services, the dates when the services were rendered, and a description of the services. ANSWER: REQUEST FOR PRODUCTION NO. 15: Please produce at the time and place described in the first paragraph on page 1 of this document, above, all writings and documents concerning and relevant to your answer to the foregoing Interrogatory. ANSWER: - 21 - INTERROGATORY NO. 16: Identify any state or federal liens filed or outstanding against Defendant by stating as to each the name against whom the lien applies, the date the lien was filed or became effective, the kind of tax from which the lien arose, and the date and the amount of each payment made to reduce any such lien. ANSWER: REQUEST FOR PRODUCTION NO. 16: Please produce at the time and place described in the first paragraph on page 1 of this document, above, all writings and documents concerning and relevant to your answer to the foregoing Interrogatory. ANSWER: - 22 - INTERROGATORY NO. 17: Identify each judgment against Defendant that remains unpaid by stating as to each the date of the judgment, the amount of the judgment, how much remains unpaid, the name of the pl aintiff having the judgment, the name of the present holder of the judgment if different from the plaintiff, the name, number and location of the court in which the judgment was obtained, the case number of the judgment, the name of each county where the judgment was rendered, and the name against whom it was rendered. ANSWER: REQUEST FOR PRODUCTION NO. 17: Please produce at the time and place described in the first paragraph on page 1 of this document, above, all writings and documents concerning and relevant to your answer to the foregoing Interrogatory. ANSWER: - 23 - Respectfully submitted, {Name of Attorney} By:_______________________{Name of Attorney} CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document has been maile d by certified mail, return receipt requested, to ______________, on this the ________ day of Month, Year. ____________________________ {Name of Attorney}