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Although most judgment debtor examinations take place inside hallways or areas away from the judge, occasionally a [url=http://xosmdx.com/index.php?site=forum_topic&topic=22049]barbour online shop RC Kyosho Cars Trigger the Rac[/url] judgment debtor will try to claim "their 5th Amendment right", and say they cannot answer the question, as answering your question might become them incriminating themselves.
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Usually, debtor examinations are designed to enjoy the "widest scope of inquiry in the search for assets to repay a judgment". Generally, "Leave no stones unturned" will apply, and judgment creditors are much less susceptible to relevance objections if they can demonstrate a connection between their question and the debtor's finances.
The 5th Amendment, ratified in 1791, includes a provision that no person can be compelled to be a witness against themselves in a criminal related case. Fifth Amendment protection requests are much more likely to be heard inside criminal courts, although sometimes 5th Amendment claims are also heard inside civil courts.
Unless [url=http://www.corsodiesperanto.it/hoganit.html]hogan outlet[/url] a prospect of some criminal-related case arises (involving the district attorney's office or the police involved), within a court; judgment creditors are most often allowed to ask nearly anything they want to. Most of the time, the judgment debtor can only successfully claim their privilege against incriminating themselves if there's a real threat of prosecution for some crime. The Fifth Amendment just protects against incriminating themselves, and is not the right to avoid answering. Judges can force debtors to answer a question in situations when a debtor is trying to thwart their judgment creditor.
In a criminal case, the defendant or their lawyer may ask for a recess, and visit the office of the prosecutor, to get a Fifth Amendment waiver from prosecution, to decrease the chances of self-incrimination.
Within civil courtrooms, when your judgment debtor uses the 5th Amendment as the reason not to answer your question during the examination, they must first speak to the judge. Because you are the creditor, you can probably politely request that the judge to review your question(s), and get your debtor explain the reason your questions could be prejudicial to their 5th Amendment rights in this civil judgment debtor exam. Then, the judge will either:
A) Remind your debtor this is a civil matter, and not a criminal case, and the judgment debtor can't assert their 5th Amendment protection unless the debtor alleges that disclosing [url=http://www.bea.hi-ho.ne.jp/cgi-bin/user/hshinkawa/light.cgi?res=385]woolrich online shop El Salva[/url] the information could result in a criminal charge [url=http://www.jeremyparendt.com/Barbour-Paris.php]barbour france paris[/url] against them.
B) Allow the judgment debtor's 5th amendment request just for specific questions. Whether a specific Fifth Amendment claim gets denied or approved, cannot be predicted. It's always determined case-by-case, depending on the specific circumstances and facts surrounding all questions.
A Fifth Amendment claim can be asserted in any kind of case; criminal or civil, administrative or judicial, investigatory or adjudicatory. A debtor cannot successfully make their "blanket claim" of 5th Amendment rights. But, for individual questions, Fifth Amendment objections are regularly approved, even in judgment recovery matters.
Even when a judgment debtor fails an attempt to assert their Fifth Amendment right, their refusal to [url=http://www.rtnagel.com/louboutin.php]louboutin[/url] answer your question will very rarely result in a contempt of court decision. Even when the reason for a certain legal action is totally without merit, a person's good faith assertion of its meritorious nature, even when it does not succeed, rarely will become a badge for contempt. Although, a good judge may become annoyed at debtors trying to abuse the Fifth Amendment's intended purpose, only to block the creditor.
Even if a judge orders the debtor to answer your question after they've asserted their Fifth Amendment right, your judgment debtor may then appeal that decision; and delay things for way too long, which increases the chances that the judgment will settle for a serious discount. When your debtor's Fifth Amendment-related request is granted, the creditor could perhaps later take this matter up again at an appeal-type proceeding, requiring them to spend additional time and money.
In Troy vs Superior Court (1986) 186 Cal. App. 3d 1006, the Court of Appeals stated that in order for a judgment debtor to claim the 5th in a debtor exam, an actual danger must exist, not just speculation. This case was then followed by the case of Hooser vs [url=http://www.mxitcms.com/abercrombie/]abercrombie[/url] Superior [url=http://www.par5club.com/louboutin.php]louboutin[/url] Court (2000) 84 Cal App 4th [url=http://www.villazuki.it]woolrich sito ufficiale[/url] 997.
A Fifth Amendment claim is harder to argue in family court support cases, see Marriage [url=http://www.corsodiesperanto.it/peuterey.php]peuterey outlet[/url] of Sachs, 95 Cal. App. 4th 1144 (Cal. Ct. App. 2002). A review of that case was later denied by a Supreme Court. Also, in California, as per Code of Civil Procedure 708.130, the spousal protection does not apply in an examination proceeding.
A lot of judges are liberal in granting 5th Amendment objections when they can. Lawyers have successfully argued in bankruptcy courts, on behalf of debtor clients with offshore accounts; to block certain individual questions where the debtor's answers could be used to indict the debtor for bankruptcy fraud.
Take a typical judgment debtor examination question: "Do you have any offshore bank accounts?" The judgment debtor might control a Swiss bank account which the debtor did not mention to the IRS. If the debtor answers "Yes", then [url=http://www.sandvikfw.net/shopuk.php]hollister sale[/url] this could expose them to being charged with tax evasion; so the debtor may answer, "I cannot answer this question under the Fifth Amendment". Although it is not fair to creditors, the majority of courts wouldn't compel your judgment debtor to answer the question.
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Fifth Amendment And Debtor ExamsArticle Summary: The Fifth Amendment, ratified in 1791, includes a provision that no person may be compelled to testify as a witness against themselves in a criminal matter. 5th Amendment protection claims are much more commonly heard in [url=http://www.lotogame.fr/louboutin-pas-cher/]louboutin pas cher[/url] criminal courts, although occasionally 5th Amendment claims are also heard in civil courtrooms.
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