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How should we respond to a Citation to Discover Assets that names an account that is not owned by the judgment debtor (but is owned by the judgment debtor’s children)? – IBA Compliance Connection

IBA Compliance Connection

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How should we respond to a Citation to Discover Assets that names an account that is not owned by the judgment debtor (but is owned by the judgment debtor’s children)?

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We believe that it would be a best practice to contact the attorney for the judgment creditor to advise the party that the accounts listed in the citation to discover assets do not appear to be the property of the judgment debtor. You may need to seek further determination from the court that the children's assets in fact belong to the judgment debtor.