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What is a “Demand for Disclosure and Disclosure Form?”

On Behalf of | Jul 2, 2014 | Bankruptcy, Firm News, Judgments

This means that you have gotten to the end of the collection cycle, and the creditor has a judgment and wants to know what your assets are, including where you bank, and what your income is, including the name of your employer. This might come from the judgment creditor’s attorney, or the court administrator. Failure to fill this out is not contempt of court, but it is the precursor for the creditor seeking a motion finding you in contempt of court. If you fail to respond to this within 10 days, then they can bring a motion for contempt, and tack on more attorneys’ fees. If you fail to appear at the hearing on the motion for contempt, then a warrant may be issued for your arrest.

Filing an immediate bankruptcy is usually the most effective way of resolving these issues. If a bankruptcy is not feasible for you, and/or you need time to come up with the fees for your bankruptcy attorney, there are some additional steps that we can help you with in legally dealing with this (and keeping you out of jail) while you get your ducks in a row.

Here is a link to the statute concerning this procedure