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Learner8726

Answering Interrogatories

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Yesterday, post judgment, I was served with PATTERN INTERROGATORIES UNDER C.R.C.P. 369 (g) - INDIVIDUAL This is a Colorado county court approved list of questions for me to answer and return filed with the court with in 10 days. The option to serve this form upon judgment debtor is available to the prevailing party awarded judgment in a civil case.

My question is... Am I required to answer all of these questions now, before the return date of 10 days? The county court rules state that this form is approved by the court as post judgment option but I do not see anywhere on this form or in the rules that I am court ordered to answer it.

I wish to answer question #10 as follows;

10. State the name, address, and telephone number of your spouse, if you are married and if not, a close relative not living with you, indicating the relationship to you. I chose not to devulge personally identifiable information belonging to someone else unless evidence is produced that it is required to do so by order of the court.

Can this answer to #10 cause me troubles?

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"My question is... Am I required to answer all of these questions now, before the return date of 10 days? The

county court rules state that this form is approved by the court as

post judgment option but I do not see anywhere on this form or in the

rules that I am court ordered to answer it."

You are required to answer the questions and provide them to the court and the judgment creditor within 10 days. Since this was a County Court action, the rule that applies here is Rule 369(d) of the Colorado County Court Rules of Civil Procedure (C.R.C.P.) Specifically, that rule states:

"At any time when execution may

issue on a judgment, the judgment creditor shall be entitled to an

order requiring the judgment debtor to answer such interrogatories

concerning his property as shall be approved by the court. The

interrogatories when so approved shall be mailed by the clerk to the

judgment debtor, who shall answer the said interrogatories and mail or

file them with the court within ten days after receipt thereof by the

judgment debtor. The interrogatories, upon approval, may also be served

upon the judgment debtor in accordance with Rule 304." (underlining added)

Thus, as you can see, your responses to the interrogatories are required. Rule 369(g) goes along with Rule 369(d), by saying that if the Form 7 (for Indviduals) or Form 7A (for businesses) is used, then no court approval for the interrogatories is needed before service on the debtor. If the judgment creditor wishes to use some other form of interrogatory, it must first get the court's approval. Because the Form 7 doesn't require approval and takes very little time to prepare and issue, it is pretty standard for the judgment creditor to do this very soon after the judgment is final.

"Can this answer to #10 cause me troubles?"

Yes of course it can. You are required to answer the questions, as stated in Rule 369(d). The Form 7 itself warns you that failure to respond may result in contempt sanctions. I strongly suggest you consult a Colorado attorney before giving the answer you propose. In most cases, I'd not recommend that kind of approach, but then I don't know the details of your situation and why you do not wish to provide the requested information.

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I do not wish to bring my new husbands name into any legal actions. I guess i will have to though. Colorado is a non-community property state and although my husband and I keep our finacial lives very seperate I don't want the judgment creditor thinking that he can get the amount of the judgment somehow through my husband and possibly mess up his credit. The house and vehicles are all owned and titled in my husbands name before we were married. I am wondering if there are any kind of legal loop holes in a non-community property state that allows a judgment creditor to take money or property from the husband.

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"I am wondering if there are any kind of legal loop holes in a

non-community property state that allows a judgment creditor to take

money or property from the husband."

Property titled to a non-debtor spouse is not typically subject to the judgment. The creditor could, however, reach that property if it proves that the husband is holding the property as the nominee or alter-ego of the spouse (i.e. that the property is really yours despite being titled to your husband) or if he obtained the property at issue from you in a fraudulent conveyance. The term fraudulent conveyance does not mean fraud in the criminal sense, but rather simply refers to a transfer meant to improperly defeat your creditors. The creditor generally needs to bring an action in court to get a determination that the property titled to your husband is either held as a nominee or alter-ego of you or to set aside a fraudulent conveyance. Property owned by your husband prior to the marriage that he did not get from you isn't going to be hit by either of these doctrines. The purpose of the question in the interrogatories is to identify someone who will likely know where you are should it be necessary to find you and who may be in a good position to know what assets or income you might have. It is not meant to suggest to the creditor that it can take property of that person if he or she was not one of the judgment debtors.

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