In most cases the first thing a creditor will do to collect a judgment is require the debtor to complete a personal information and financial statement. The Rules of Civil Procedure include a standard financial disclosure form called a “Fact Information Sheet.” Upon the award of a final judgment, the creditor can ask the court to order the judgment debtor to complete a Fact Information Sheet and return it to the creditor, with related documents, within 45 days. The court typically will include in the final judgment itself an ordering paragraph pertaining to the debtor’s Fact Information Sheet.
The debtor must sign the Fact Information Sheet under oath, and intentional misstatements or omissions may be subject to perjury. The Rule requires the debtor to provide with the Fact Information Sheet financial documents including tax returns, deeds, and car titles.
A debtor may request by motion additional time to complete the Fact Information Sheet if, for example, the debtor’s financial situation is unusually complex or if the debtor needs to assemble documents stored elsewhere. If the debtor does not complete the Fact Information Sheet by the deadline, the creditor may ask the court for an order that provides a new deadline after which the debtor could be held in contempt of court.
In addition to the Fact Information Sheet, the creditor may employ other discovery tools provided to litigants in the Rules of Civil Procedure (such as depositions in aid of execution, interrogatories, requests to produce, etc.).