Legal defense for a citation to discover assets
How can an experienced collection defense attorney help you deal with a citation to discover assets?
A citation to discover assets is a tool used by a judgment creditor to force you, or anyone (such as your bank) that holds your money, to cough up any available funds to satisfy that judgment. If you receive one of these citations, here’s what happens next.
Your first day in court
The citation requires you to come to court and forces you, under oath, to reveal how much money (or other assets such as equity in your home, business ownership, etc.) you have, where that money is, where you work, how much you earn and other sensitive information. The creditor’s lawyer can even demand that you show him or her the contents of your wallet, briefcase or purse in open court.
Recommended Read: “What should you do if you've received a citation to discover assets? ~ Bank levy, wage garnishments, other ways to collect debt”
How an attorney can help
First of all, an experienced collection defense attorney at your side during the citation hearing can make the situation much less stressful. Even more importantly, a skillful and experienced attorney can:
1) help you avoid making serious tactical mistakes in dealing with the judgment creditor—mistakes which could make a bad situation even worse;
2) identify any property of yours that may be exempt from collection by the judgment creditor and, on your behalf, assert that exemption in court to protect those assets;
3) negotiate a reasonable and realistic settlement of the judgment that will avoid
future and continuing court action;
more aggravation;
other unexpected attacks on your money.
What happens when you ignore the citation
You will get more notices that you should come to court to answer the citation. But if you ignore those as well, the court will issue a body attachment. That is, the judge will order law enforcement to pick you up and bring you to court to answer the citation. Technically, this is not an arrest, but it will sure feel like one when you are sitting in the back of a squad car.
Avoid the potential embarrassment of an “arrest.” Show up to court as needed, and consider legal counsel to help make this process less stressful than it needs to be.
Are you interested in reading more Defense by Davis posts like this one? Subscribe to my Substack account today! Check out Foundations of Construction Law too. For immediate needs, click here to contact me directly.