Winning and enforcing a money judgment is not as simple as it might sound. There is a long list of rules and procedures that govern the process. When it comes to enforcement, which is essentially collecting the amount owed, judgment creditors have access to certain forms of discovery. One of them is known as the Request for Production of Documents (RFP).
RFP is a key tool for obtaining documents during and after litigation. Those documents can be paper or electronic in nature. Obtaining the documents helps the two parties in the suit compile evidence supporting their respective cases.
Post-judgment, RFPs are primarily the domain of the judgment creditor. They are used to request documents the creditor needs to devise a collection strategy. According to Utah-based collection agency Judgment Collectors, documentation plays a key role in understanding a judgment debtors’ financial position.
More About the Procedure
Creditors are not automatically granted access to the documents they seek. They must make a formal legal request through the court. Though granting the request is mostly procedural, courts have been known to reject requests that seem outside the scope of obtaining financial information.
A post-judgment RFP request usually covers things like bank statements, loan contracts, emails, electronic bills, and the like. Pretty much anything related to the debtor’s financial position can be requested.
Requests Must Be Properly Served
Because RFPs constitute a legal procedure, requests must be served to the debtor in the same way the original lawsuit was. Creditors are compelled to follow the laws in whatever state they are operating in.
Service is normally handled by a contractor. However, if allowed by law, the creditor or his attorney can handle service. Most states require that documents be delivered directly to the debtor. They may not be served to a third-party or simply left on the debtor’s door.
Failure to follow proper service procedures could render an RFP unenforceable. Then a creditor would have to start over. This is done to protect the rights of the debtor. Creditors cannot simply claim to have served RFP papers. They have to follow a legal procedure that guarantees the debtor receives papers first-hand and in-person.
Additional Details for Creditors
It is crucial that creditors do things by the book so as not to interfere with their collection efforts. That being said, there may be additional details creditors need to know based on the laws in their states. Here are just a few examples:
- Document Identification – Some states allow creditors to request general categories of documents. Others require creditors to specify documents by name or with a description a debtor would reasonably understand.
- Manner of Production – States generally require creditors to include in their RFPs the manner of production. This includes the time, place, and form in which the documents are produced. For example, the creditor might select a calendar date and time, directing that the documents be delivered to his office electronically.
- Debtor Response – Debtors are always given an opportunity to respond to the service of papers. RFP service is no exception. On average, states allow 20-30 days to respond with either a confirmation, an objection, for a detailed explanation of why documents can’t be produced.
Debtors can object to RFPs under certain circumstances. Privileged documents and a request for documents that are irrelevant to enforcement are common grounds. However, attorneys are smart enough not to give debtors solid grounds for objection.
RFPs can be simple in some cases and complex in others. They represent yet another aspect of collecting a money judgment successfully.