Discovery Sought by Judgment

Creditor (a) A judgment creditor may obtain discovery from the judgment debtor, or from any third per- son the judgment creditor reasonably believes, in good faith, may have assets of the judgment debtor, or from any financial institution to the extent provided by this section, of any matters relevant to satisfaction of the money judgment. The judgment creditor shall commence any dis- covery proceeding by serving interrogatories on a form approved by the judges of the Superior Court, or their designees, on the person from whom discovery is sought. Neither the interroga- tories nor a notice thereof shall be filed with the court. The interrogatories shall be in clear and simple language and shall be placed on the page in such manner as to leave space under each interrogatory for the person served to insert the answer. The person to whom interrogatories are directed shall answer them and return them to the judgment creditor within thirty days of the date of service. Answers to interrogatories served on a judgment debtor shall be signed by such debtor under penalty of false statement. With respect to assets, the person served is required to reveal information concerning the amount, nature and the judgment debtor’s nonexempt location of assets up to an amount clearly sufficient in value to ensure full satisfaction of the judgment with interest and costs, provided disclosure shall be first required as to assets subject to levy or foreclo- sure within the state. If interrogatories are served on a financial institution, the financial institution shall disclose only whether it holds funds of the judgment debtor on account and the balance of such funds, up to the amount necessary to satisfy the judgment with interest and costs. (b) On failure of a person served with interroga- tories to, within the thirty days, return a sufficient answer or disclose sufficient assets for execution, or on objection by such person to the interrogato- ries, which objection shall not be filed with the court by such person, the judgment creditor may move the judicial authority for such supplemental discovery orders as may be necessary to ensure disclosure including (1) an order for compliance with the interrogatories or authorizing additional interrogatories and (2) an order for production or for examination of the judgment debtor or third person, provided any such examination shall be conducted before the judicial authority. The judi- cial authority may order such discovery as justice requires provided the order shall contain a notice that failure to comply therewith may subject the person served to being held in contempt of court. (c) On motion of a judgment debtor or third person from whom discovery is sought, and for good cause shown, or on its own motion, the judi- cial authority may make any order which justice requires to protect such debtor or third person from annoyance, embarrassment, oppression or undue burden or expense. (d) The other provisions of this chapter shall not apply to discovery sought under this section. (P.B. 1978-1997, Sec. 236A.)