Discovery Post-Judgment in Texas

Introduction

This article will discuss and also give examples of post-judgment discovery – interrogatories, requests for production, and depositions directed at the defendant by a judgment creditor. Exhibit A is an example of post-judgment interrogatories that might be sent to an individual debtor; Exhibit B lists likely questions that would be asked of a debtor who is a corporation or an LLC; and Exhibit C is an example of requests for production of documents that might follow a final judgment. Reviewing these exhibits may be helpful to a soon-to-be judgment debtor in knowing what to expect from post-judgment discovery. The bad news is that such discovery is invasive, penetrating, and all-encompassing – and failure to comply may result in a ruling of contempt.

Our article Asset Protection in Texas describes two sets of asset-protection strategies – those employed before suit is filed and those more limited options available after suit is filed. Here, we are dealing with the very end of the process. Judgment has been obtained and, since 30 days have elapsed since it was signed, the judgment is final and ripe for execution. The judgment creditor may now engage a constable or sheriff to pay a personal visit on the debtor for the purpose of identifying and seizing non-exempt assets available to satisfy the judgment. In conjunction with the execution procedure, the judgment creditor may also send post-judgment discovery. In cases involving more than a nominal sum, such discovery should be expected.

Every person who has litigated in Texas for the purpose of obtaining payment of a debt or damages knows that there are two parts to this process: first, obtaining a favorable judgment and second (often the harder part) collecting on it. Because of Texas´ extensive list of items that are exempt from execution on a judgment (See our article Homestead in Protections in Texas for details), many average debtors will be effectively judgment proof. Post-judgment discovery is designed to enable the creditor to determine whether or not he is dealing with a judgment proof debtor, or in rarer instances, a debtor who negligently failed to undertake an asset protection plan and whose assets are widely exposed.

The List of Exempt Assets

Texas homestead exemptions are contained in Art. XVI, Sec. 50 of the Texas Constitution and in Texas Property Code Chapters 41 and 42. A judgment creditor will engage in post-judgment discovery in order to determine if the debtor has real or personal property that falls outside of the following categories:

The homestead (including improvements up to 10 acres in urban areas, up to 200 acres in rural areas) is entirely exempt from forced sale if used for the purposes of an urban home or as both an urban home and a place to exercise a calling or business, including cash sales proceeds for up to 6 months, before which time they must be rolled into another homestead.

Personal property (limited to $60,000 worth for a family or $30,000 worth for a single adult) is exempted is as follows:

(1) home furnishings, including family heirlooms;
(2) provisions for consumption;
(3) farming or ranching vehicles and implements;
(4) tools, equipment, books, and apparatus, including boats and motor vehicles used in a trade or profession;
(5) wearing apparel;
(6) jewelry not to exceed 25 percent of the aggregate limitations prescribed by Section 42.001(a);
(7) two firearms;
(8) athletic and sporting equipment, including bicycles;
(9) a two-wheeled, three-wheeled, or four-wheeled, motor vehicle for each member of a family or single adult who holds a driver´s license or who does not hold a driver´s license but who relies on another person to operate the vehicle for the benefit of the nonlicensed person;
(10) the following animals and forage on hand for their consumption:

(A) Two horses, mules, or donkeys and a saddle, blanket, and bridle for each;
(B) 12 head of cattle;
(C) 60 head of other types of livestock;
(D) 120 fowl; and

(11) household pets.

Current wages for personal services (except for the enforcement of court-ordered child support payments) are also exempt.

Retirement plans (IRA´s and 401k´s) are exempted so long as contributions do not exceed the amount that is deductible under current law. Rollover proceeds are exempt for 60 days.

College tuition funds (including IRS Sec. 529 funds and accounts established under Subchapter F, Chapter 54 of the Texas Education Code) are exempt.

Certain key items are excluded from the above list, namely cash on hand, cash in banks, investments in non-homestead real estate, and investments in non-retirement plan stocks and LLC membership interests. Cash and non-exempt near cash are always the most difficult assets to protect, even in Texas.

You may also notice that no maximum value is listed for the homestead. It can, quite literally, be worth millions of dollars and still be exempt from forced sale to satisfy a judgment – assuming, of course, that the debt was unrelated to acquisition or improvement of the house.

At the very least, a sensible judgment debtor should proactively pay down (i.e., reduce or eliminate debt) on the exempt items listed above long before the constable knocks at the door with a writ of execution in his hand.

Types of Post-Judgment Discovery

As mentioned, there is written discovery – interrogatories, requests for admission, and requests for production – and responses to these are due back within 30 days. There is also the oral deposition. The format and procedure is the same as for any trial deposition, except the focus is now on assets, their location, and their value. If you are properly served with a subpoena duces tecum, and the subpoena describes with sufficient specificity certain documents, then these must be brought with you to the deposition – if you have them.

The cost and complexity of litigation has doubled in the last 10 years, in no small measure due to the impact of computers and technology – i.e., what is capable of being done now is expected to be done. Ironically, the result is more, not less paper. A prime culprit is the expansion of the discovery process, including post-judgment discovery. Excessive discovery, whether successful or not in achieving its goal, nonetheless translates into many billable hours for creditors´ attorneys.

It goes without saying that attempting to represent oneself in the discovery process – i.e., as a pro se litigant without an attorney – is the equivalent of swimming through shark-infested waters. Note also that corporations and limited liability companies are required to have an attorney in Texas.

How The Debtor Should Respond

Although there exist such things as internet searches and private investigators, by and large creditors depend on your responses to post-judgment discovery in order to learn what assets you own and where they are located. Tell the truth, but do not reveal any more information than is absolutely necessary. Ideal answers include “yes,” “no,” and “I don’t remember.” Do not babble on, adding more information (fuel for the fire), particularly in an oral deposition. Force the creditor’s attorney to come back with supplementary questions if he or she is not satisfied.

The judgment debtor will often be asked for records dating back 5 or more years. Most people do not keep bank statements or other such items that long.  Do not hesitate to respond by saying that you no longer have such records. Do not offer or agree to obtain them. Similarly, online statements and the like have replaced much paper activity. If you operate primarily online and do not save the paperwork, say so. If a request is too broad and not constrained by reasonable time limits, then object. There is no rule that says the debtor must make collection easy for the creditor. Allow your attorney to guide you.

Lawsuits and judgments happen, but they should not be allowed to bring one’s life or business to a halt. If a judgment debtor can reasonably justify a transaction as being “in the ordinary course of business” (see Property Code Section 42.004), meaning something you might have done anyway even if the judgment did not exist, then one should not hesitate to act merely because the result reduces vulnerability to a judgment. If you have wanted a new car, buy a modest one and pay cash. It should remain exempt so long as it cannot be proven that you intentionally designed to defraud a creditor with that purchase. You needed a car, you bought one. You wanted a vacation, you took one. Your taxes or your child’s college tuition were coming due, so you paid them in advance. You retained your attorney with a large sum. You refinanced your house and injected equity to lower the payment. Those are reasonable actions that are justifiable in the ordinary course of life and business. Leave it to the judgment creditor to go to the judge and attempt to prove otherwise.

Conclusion

This article has deliberately been kept short in light of the length of the three attachments. Persons facing a potential judgment should not wait until being served with post-judgment discovery to see what that discovery will likely contain. Consult your attorney and have a response plan in place. The total time to trial is usually 9 to 12 months. The creditor must then wait 30 days until the judgment is final before commencing post-judgment discovery. There is time for at least some asset protection work.

DISCLAIMER

Information in this article is provied for general informational and educational purposes only and is not offered as legal advice upon which anyone may rely. The law changes. Legal counsel relating to your individual needs and circumstances is advisable before taking any action that has legal consequences. Consult your tax advisor as well. Although we will respect your confidentiality, this firm does not represent you unless and until it is retained and agrees in writing to do so.

Copyright © 2021 by David J. Willis. All rights reserved worldwide. David J. Willis is board certified in both residential and commercial real estate law by the Texas Board of Legal Specialization.More information is available at his websites, http://www.LoneStarLandLaw.com

Attached Exhibits:

Exhibit A – Sample Post-Judgment Interrogatories to an Individual

Exhibit B – Sample Post-Judgment Interrogatories to a Corporation or LLC

Exhibit C – Sample Post-Judgment Requests for Production

EXHIBIT “A”

SAMPLE POST-JUDGMENT INTERROGATORIES TO AN INDIVIDUAL
___________________________________________________________________

INTERROGATORY #1

As to the person or persons who participated in responding to these Interrogatories please supply:

(a) the name and title of each such person;

(b) the home address of the defendant in this case;

(c) the business address of the defendant in this case.

INTERROGATORY #2

What is your Social Security Number or Federal Employer Identification Number?

INTERROGATORY #3

What are you currently doing to earn money?

INTERROGATORY #4

If you own or operate any business, directly or indirectly, state:

(a) the principal address of business and telephone number of the business;

(b) the nature of the business;

(c) the form of organization of the business (e.g., sole proprietorship, corporation, limited liability company, etc.);

(d) the nature and/or percentage amount of your ownership in the business (e.g., 100% membership interest in a certain limited liability company);

(e) the name of the person who has the most knowledge of the assets and liabilities of the business;

(f) the present value of your interest in each such business;

(g) the registered agent and registered address of the entity, if a registered entity;

(h) with respect to any bank at which the business has a bank account, state:

1. 1. the name and address of each such bank;
   2. the account number of each such account;
   3. the balance in each such account.

INTERROGATORY #5

Identify jobs and/or contracts awarded to you relating to services or products you provided or will provide for compensation from and after January 1, 2012 to the present.

INTERROGATORY #6

If you have an ownership interest in any real property (land), for each parcel, please state:

(a) The address and legal description of the property;

(b) a description of the improvements upon the property;

(c) the present value of the property;

(d) the present value of your equity interest in the property;

(e) the amount you paid for the property;

(f) The name and address of each person or business, other than you, with an ownership interest in the property.

INTERROGATORY #7

List each item and state the estimated value of the personal property (everything except land) in which you have an ownership interest, regardless of whether or not you claim that any such item is exempt from execution upon a judgment.

INTERROGATORY #8

List each item and state the estimated value of the intellectual property in which you have an ownership interest, including trademarks, copyrights, and/or patents.

INTERROGATORY #9

If any of the real or personal property owned by you, either jointly or otherwise, is encumbered by either a real estate mortgage, deed of trust, security interest, or any other type of lien, then please state:

(a) A description of the property encumbered and the nature and the amount of such encumbrance; and

(b) The date the property was encumbered, the name and address of each person who holds the encumbrance, and the present balance of such encumbrance.

INTERROGATORY #10

If you maintain any personal or business checking accounts, certificate of deposits, money market accounts, individual retirement accounts, Keogh accounts, or trust accounts (either as settler, trustee, or beneficiary), whether held in your name or in another’s name, for each such account state:

(a) the name and address of the bank or institution holding or maintaining the account on your behalf;

(b) the name and account number under which the account is held, and whether it is business, personal, or joint;

(c) the balance of the accounts as of the date you answered these Interrogatories.

INTERROGATORY #11

If you have access to any safe deposit boxes or other depositories for securities, cash, or other valuables, state:

(a) the name and address of such box or depository;

(b) the contents of each such box or depository;

(c) the value of each item stored in each such box or depository.

INTERROGATORY #12

If you are owed or anticipate that you will be owed money by any person, business, or entity, then please state:

(a) the name and address of each person, business, or entity which owes you money;

(b) the amount of money due, and the date such sums are due or will become due.

INTERROGATORY #13

If you are a party to any pending litigation, whether as a plaintiff or a defendant, then please state:

(a) The case name of any such litigation, together with the cause number and the name of the court in which such litigation is pending;

(b) a general description of the nature of the claim or suit;

(c) The names and the addresses of the attorneys of record in such litigation, together with an identification of the parties that they represent.

INTERROGATORY #14

If you have transferred, assigned, or otherwise conveyed any interest in real or personal property since Jan. 1, 2012, including any substantial or bulk transfer of inventory or stock in trade, then please state:

(a) A description of the property so conveyed;

(b) the name(s) and addresses of the persons, businesses, or entities to whom such property was conveyed; and

(c) the date the property was conveyed

(d) the consideration received by you for conveyance of such property.

INTERROGATORY #15

If you owe money to any person, business, or entity other than Plaintiff, then please state the name and address of each person, business, or entity to which you owe money and the amount owed to each.

INTERROGATORY #16

If a judgment has been entered against you that has not been satisfied or otherwise released, then please state:

(a) the judgment creditor and the amount of such judgment; and

(b) the case number and court in which such judgment was entered.

INTERROGATORY #17

If you own any membership interest, stock, bonds, or other securities of any class in any company, firm, limited liability company, or corporation, whether foreign or domestic, please identify each such stock, bond, or other security by naming the entity issuing such security, and state the present value of each such security.

INTERROGATORY #18

As to any person or entity that holds real or personal property belonging to you, whether that person or entity is acting as trustee, nominee, or in some other capacity, describe:

(a) the name and address of such person or entity;

(b) the capacity in which such person or entity is acting (e.g., trustee, property manager, etc.);

(c) a description of the property that such person or entity is holding on your behalf;

(d) the value of the property so held.

INTERROGATORY #19

Do you hold any real or personal property in trust for any other person or entity? If so, supply:

(a) the name and address of such person or entity;

(b) a description of the property held in trust;

(c) the date the trust was created;

(d) the source of the trust assets;

(e) the value of the property held in trust.

INTERROGATORY #20

Do you claim that any real or personal property, tangible or intangible, is exempt from the claims of creditors? If so, list such items of property.

INTERROGATORY #21

In responding to these Interrogatories and the attached Requests for Production, have you made a diligent search of your records and resources, as well as the records and resources reasonably available to you, in order to answer the questions or obtain the materials requested?

INTERROGATORY #22

If you believe or contend that material information or documents exist that are responsive to these interrogatories or to the attached requests for production but are not in your possession, supply:

(a) the name of the person who has possession of such information or documents;

(b) the address of any such person;

(c) the location of any such documents.

INTERROGATORY #23

Please supply three dates within the next 90 days on which you will be available for an oral deposition.

EXHIBIT “B”

SAMPLE POST JUDGMENT INTERROGATORIES TO CORPORATION OR LLC
___________________________________________________________________

1. What is the full legal name of the person answering these interrogatories for the corporation? Also please state

a.  your date and place of birth:
b.  your Social Security number:
c.  the license number and state of issuance of each driver´s license in any of your names
d.  your complete residential address and telephone number; and
e.  your complete business address and telephone number.

2. Other than the full name listed above, what names have you used in business or otherwise at any time in your life? Please include all nicknames and aliases. If appropriate, please include your name before your marriage and all married names.

3. Please state the full legal name of the corporation and each other name by which it has ever been known.

4. Has the corporation ever used a trade name or assumed name? If it has, for each name please state

a.  the name used; and
b.  the date and place of filing of each assumed name certificate

5. Please state the full name and complete address of each registered agent for service designated by the corporation in any state.

6. On what date was the corporation incorporated?

7. Please name each state in which the corporation does business.

8. Please state the date of the most recent payment of Texas franchise taxes and the amount of franchise taxes paid by the corporation in each of the last five (5) years.

9. Please state the corporation´s present complete address (street address, city, county, state, zip code) and each telephone number, including area code, of the corporation at that address.) Also, please state each post office box address used.

10. Please state the complete address (street address, city, county, state, zip code) of each place in which the corporation is doing business or has done business within the last five (5) years.

11. Please list each business telephone number, including area code, whether publicly listed or not, at which the corporation´s officers can be reached.

12. For each person who is a director of the corporation or has been a director at any time in the last five years, please state

a.  the director´s full name:
b.  his or her complete present address:
c.  the date of election as a director;
d.  whether the person is now a director and, if no, when the directorship ended; and
e.  the full name and complete address of each business in which the director owns an interest, with which the director is associated in any way, or by which the director is employed.

13. Regarding the initial meeting of the corporations´ board of directors, please state

a.  the date of the meeting;
b.  where the meeting was held; and
c.  the full name of everyone present at the meeting.

14. Did the corporation receive at least $1,000 for issuance of its shares? If so, for each payment contributed to the $1,000 please state

a.  the full name and complete address of the person making the payment;
b.  the form of payment; and
c.  the date of payment

15. Has any stock of the corporation been sold? If so, for each person or entity that has bought stock please state

a.  the full name and complete address of the buyer;
b.  the number of shares purchased;
c.  the amount paid for each share; and
d.  the date of the purchase.

16. Has the corporation published any announcement of the corporation´s formation? If so, for each notice please state

a.  the date of publication;
b.  the full name and complete address of the newspaper or other publication in which it was printed; and
c.  the contents of the notice, copying it verbatim or attaching a copy of the notice as printed.

17. Have any corporate minutes been prepared? If so, for each set of minutes please state

a.  the full name and complete address of the person who prepared the minutes;
b.  the date the minutes were received; and
c.  the date of the meeting on which they are based.

18. For each person who is an officer of the corporation or has been an officer at any time in the last five (5) years, please state

a.  the officer´s full name;
b.  his or her complete present address;
c.  the title of the office held;
d.  the date of selection as an officer; and
e.  whether the person is now an officer and, if not, when his or her service as an officer ended.

19. What is the nature of each business in which the corporation has engaged at any time in the last five (5) years?

20. For each person or entity now owning, claiming any interest, in, or having title to any stock, bond, or other security of the corporation, please state

a.  the full name of the person or entity;
b.  the complete address of the person or entity;
c.  a complete description of the security;
d.  the number of shares involved;
e.  the face value of each share;
f.  the present market value of each share;
g.  the payment or other consideration received by the corporation for the security; and
h.  the date the security was issued.

21. Please state the full name and complete address of each institution or business organization with which the corporation has engaged in any joint venture or partnership at any time within the last five years and the nature of the corporation´s involvement.

22. Has the corporation furnished or exhibited a statement of its financial condition to any person or entity in the last five (5) years? If it has, for each occurrence please state

a.  the full name and complete address of the person or entity receiving the information;
b.  the date and place the information was received; and
c.  the contents of the financial statement, copying it verbatim or, if you will do so without a court order, attaching a copy of the statement to your answers.

23. Please attach to your answers a copy of each of the corporation´s federal income tax returns and IRS Forms 940 and 941 for the last five (5) years. Please state

a.  the source and amount of each item of income listed;
b.  the total income received for each year, whether reported or not;
c.  the date each return was filed and the address of the Internal Revenue Service office where filed;
d.  the amount and source of each receipt of income that is not shown on any of the returns that you are attaching to your answers; and
e.  the full name and complete address of each person who worked on or helped prepare each return.

24. Please attach to your answers a copy of each of the corporation´s reports or plans relating to pensions or profit sharing. If these papers amount to more than one hundred pages, you may comply by stating that they may be inspected or will be made available without a court order.

25. Please attach your answers a copy of each life insurance policy purchased in whole or in part by the corporation. If these papers amount to more than one hundred pages, you may comply by stating that they may be inspected or will be made available without a court order.

26. Does the corporation have an ownership interest in, option to purchase, contract to sell, leasehold in, or other interest in any real property? If so, for each property please state

a.  the legal and common descriptions and the location of the property;
b.  the size of the property;
c.  a description of every structure or other improvement on the property;
d.  the full name and complete address of each person or other entity having an interest in it;
e.  the ownership of the property stated in the title documents and the location of each document;
f.  the present value of the corporation´s equity interest in the property;
g.  the present market value of the property; and the amount paid for the property.

27. For each item of personal property, including but not limited to tools, equipment, inventory, livestock, boats, sporting goods, vehicles, aircraft, or stamp, coin, other kinds of collections, regardless of location, that the corporation now owns, claims any interest in, or has title to, please state

a.  a complete description of the item, including as applicable the year, make, model, serial number, and other permanent identification numbers;
b.  the estimated present market value of the item; and
c.  the complete address of its present location.

28. Is any real or personal property that the corporation now owns, claims any interest in, or has title to now encumbered by a mortgage, security interest, or other kind of lien? If so, for each item of encumbered property please state

a.  a complete description of the item, including as applicable the year, make, model, serial number, and other permanent identification numbers;
b.  the nature of the encumbrance;
c.  the date the property was encumbered;
d.  the full name and complete address of each person or entity holding the encumbrance;
e.  the payment or other consideration received for the encumbrance; and
f.  the full name and complete address of each person or entity who paid the consideration.

29. Does the corporation now own, claim any interest in, or have title to any personal property now pledged as security for a debt? If so, for each item please state

a.  complete description of the item, including as applicable the year, make, model, serial number, and other permanent identification numbers;
b.  the amount of the debt the property was pledged to secure and the current amount of the debt;
c.  how the debt was incurred and when payment is due;
d.  the date the debt was incurred;
e.  the full name and complete address of the person or entity to whom the property is pledged; and
f.  the date when possession of it was transferred to the person or entity to whom it is pledged.

30. Please attach a copy of any instrument that secures a debt of the corporation or copy the instrument verbatim. If these copies amount to more than one hundred pages, you may comply by stating that they may be inspected or will be made available without a court order.

31. Does the corporation have any ownership interest in any other business? If so, for each business please state

a.  the full name of the business;
b.  the complete address of the principal place of business or general office of the business;
c.  the complete address of each place at which it conduct business;
d.  the type of business it conducts;
e.  the form of business organization (for example, corporation, partnership);
f.  the date the corporation acquired its interest in the business;
g.  the present value of the corporation´s interest in the business and its percentage of the total value of the business;
h.  the corporation´s duties in the business;
i.  the full name and complete address of each partner, officer, and director of the business; and
j.  the full name and complete address of each bank at which the business maintains any type of checking or deposit account or from which the business has borrowed money.

32. Has any enterprise mentioned in the preceding answers filed any articles incorporation, partnership agreement, or assumed name certificate? If so, for each document please state

a.  the nature of the document;
b.  the complete address of the office where it was filed;
c.  the date it was filed; and
d.  the assumed name used, if applicable.

33. Does the corporation own any security (including but not limited to stocks and bonds) of any foreign or domestic entity or government? If so, for each such organization please state

a.  the full name and complete address of the organization;
b.  a complete description of the security, its face value, the price the corporation paid for it, and its present market value;
c.  the serial number of each security;
d.  the date when each security was acquired by the corporation;
e.  how each security was acquired by the corporation (purchase, gift, etc.)
f.  full name and complete address of each person or entity from whom the security was acquired, regardless of the means of acquisition;
g.  the full name, complete address, and telephone number of each person or entity with whom the corporation shares ownership or control of the security; and
h.  whether the corporation now owes any money to a person or entity for the purchase of the security.

34. Is any stock, bond, or other security that the corporation owns pledged, mortgaged, or subject to an option to repurchase by any person or entity? If so, for each such interest held by another please state

a.  the full name and complete address of the person or entity having the interest in the corporation´s securities;
b.  the date the interest was acquired; and
c.  a complete description of the interest

35. In any stock, bond or other security that the corporation owns held by a broker in the name of the corporation or of any person or other entity? If so, for each security please state

a.  the full name and complete address of the broker;
b.  a complete description of the security;
c.  the present market value of the security;
d.  the date the broker acquired possession of the security; and
e.  the balance of the corporation´s account with the broker five (5) calendar days before these interrogatories were received by the corporation.

36. Does the corporation maintain any bank account, including but not limited to checking accounts and savings accounts? If it does, for each account please state

a.  the full name and complete address of the institution holding the account;
b.  where the account is located;
c.  the full name and number under which it is carried;
d.  the balance of the account five (5) calendar days before there interrogatories were received by the corporation;
e.  the identity of each authorized signature for the account at any time in the last five (5) years and the dates between which the signature was authorized; and
f.  the contents of the corporation´s resolution establishing the account, copying the resolution verbatim or attaching a copy of it to your answers.

37. For each disbursement of the corporation in the last five (5) years that exceeded $1,000, please state

a.  the full name and complete address of the payee;
b.  the amount of the payment; and
c.  the date it was paid

38. Does the corporation have any money on deposit in a name other than its own? If it does, for each account please state

a.  the type of account;
b.  where the account is maintained;
c.  the full name and number under which the account is maintained;
d.  the full name and complete address of the institution holding the deposits;
e.  the balance of the account five (5) calendar days before these interrogatories were received by the corporation; and
f.  the amount or portion of the account that belongs to the corporation.

39. Does the corporation have check-writing authority on any account not already described in your answers? If it does, for each account please state

a.  where the account is maintained;
b.  the full name and number under which the account is maintained;
c.  the full name and complete address of the institution holding the account;
d.  the full name and complete address of each person or entity owning or claiming an interest in it; and
e.  the reason for the corporation´s authority to write checks on the account.

40. Does the corporation maintain a pension plan, profit-sharing plan, or other entity or trust in which the corporation or any employee, officer, or shareholder of it has an interest? If so, for each plan please state

a.  where it is located;
b.  the full name and complete address of the institution holding the account;
c.  the full name and number under which the account is maintained; and
d.  the balance of the account five (5) calendar days before these interrogatories were received by the corporation.

41. Does the corporation hold any real or personal property in trust for any person or entity? If it does, for each trust please state

a.  a complete description of the property held in trust;
b. the complete address of the property´s location;
c.  the date the trust was created;
d.  the source of the trust assets; and
e.  the full name and complete address of each beneficiary who has an interest in the trust.

42. In the last five (5) years, has the corporation created or contributed to any trust for the benefit of others? If so, for each trust please state

a.  the date the trust was created;
b.  a complete description of the property contributed to the trust by the corporation and the property´s present market value;
c.  each trustee´s full name and complete address;
d.  each beneficiary´s full name and complete address; and
e.  whether any of the beneficiaries are related to each other and, if they are, the full names of the related beneficiaries and the nature of their relationship.

43. Does any person or entity hold any real or personal property in trust for the corporation? If so, for each trust please state

a.  a complete description of the property held in trust;
b.  the complete address of the property´s location;
c.  the date the trust was created;
d.  the source of the trust assets; and
e.  the full name and complete address of each beneficiary of the trust.

44. Is the corporation a beneficiary under the terms of any will? If so, for each will please state

a.  the full name of the testator;
b.  a complete description of the property given to the corporation under the will;
c.  the name, number, and location of the court administering the estate;
d.  if the will has not been offered for probate, the full name and complete address of the person who now has possession of the will;
e.  whether the corporation has received any advancement form the testator or personal representative and, if so, the amount of each advancement received; and
f.  whether the corporation has renounced any bequest or legacy and, if so, the date of each renunciation and the full name and complete address of each person or entity whose g.  interest in the estate was enhanced a s a result of the renunciation.

45. Does the corporation have the right to enter any depository, including but no limited to safes, vaults, and safe-deposit boxes, for securities, cash, or other valuables? If so, for each depository please state

a.  the full name and complete address of each person or entity to whom the depository is rented;
b.  the full name and complete address of the bank or other institution in which the depository is located;
c.  the full name and complete address of each person having access to the depository;
d.  a complete description of the property contained in the depository on the date you are answering these interrogatories;
e.  the complete contents of each inventory, copying the inventories verbatim or, if you will do so without a court order, attaching copies of them to your answers; and
f.  the date on which any person last opened the depository on behalf of the corporation.

46. Has anything been removed from any above-mentioned depository during the last twelve (12) months? If it has, for each thing removed please state:

a.  A complete description of the property removed;
b.  The date it was removed;
c.  Why it was removed;
d.  The full name and complete address of each person who removed it; and
e.  The full name and complete address of each person or entity now having the property in its possession.

47. Has the corporation won any interest in a patent or copyright? If so, for each interest please state:

a.  A complete description of the patent or copyright;
b.  Its registration number;
c.  The full name and complete address of each person sharing an interest in the patent or copyright;
d.  The extent of the corporation´s share, expressed as fraction or percentage; and
e.  The annual income derived b the corporation from the patent or copyright.

48. At any time in the last five years has the corporation paid a premium on any life insurance policy? If it has, for each policy please state:

a.  The full name, complete address, and telephone number of the issuing company;
b.  The number of the policy;
c.  The face value of the policy on the death of the insured;
d.  The present cash value of the policy;
e.  The date the policy was issued;.
f.  The name of the insured;
g.  Each date on which a payment was made;
h.  The amount of each payment;
i.  The complete address of the present location of each document or contract of insurance issued to the corporation in connection with or as evidence of the policy;
j.  The full name of the owner of the policy;
k.  The full name, complete address, and telephone number of each person having custody of a copy of the document or contract; and
l.  The complete contents of the policy, copying it verbatim or, if you will do so without a court order, attaching a copy of the policy to your answers. If these policies amount to more m.  than one hundred pages for all of them, you may comply by stating that they may be inspected or will be made available without a court order.

49. Has any beneficiary designation of any above-described insurance policy been changed in the last five years? If so, for each change please state:

a.  The date on which the beneficiary designation was changed;
b.  The name of the new beneficiary;
c.  The name of the old beneficiary; and
d.  Why the change was made.

50. Does the corporation now have any right to payment of money from any person or entity for any reason, including but not limited to promissory notes, accounts receivables, certificates of deposit, securities, foreign currency, traveler´s checks, treasury checks, treasury bills, and savings bonds? If so, for each claim please state:

a.  A complete description of the claim;
b.  The full name and complete address of the debtor ;
c.  The amount of the claim; and
d.  Whether any suit or action has been brought to reduce the claim to judgment; if so, please state
e.  The title number of the case;
f.  The name, number, and location of the court in which it was filed or is now pending; and
g.  The present status of the case.

51. In the last five years, has any above-described right of the corporation to receive money been assigned or disposed of other than by collection in full? If so, for each such account please state

a.  The full name of the account;
b.  The kind of disposition;
c.  The date of the disposition;
d.  The full name and complete address of the person or entity taking the account;
e.  The amount of reserve due the corporation;
f.  The extent to which future accounts receivable were covered; and
g.  The amount of payment received in exchange.

52. Has the corporation sold or assigned any account receivable and set up any reserve fund for its benefit out of that account receivable? If so, for each account please state:

a.  The full name of the account;
b.  The conditions for receiving reserves;
c.  The full name and complete address of each person or entity holding the funds; and
d.  The amount of the funds

53. At any time in the last five years, has the corporation disposed of any real or personal property by sale, gift or other action? If so, for each disposition please state

a.  A full description of the property disposed of;
b.  The date of the disposition;
c.  The full name and complete address of each person or entity to whom disposition was made;
d.  The payment or other consideration received in exchange;
e.  The manner of disposition (gift, sale, etc.);
f.  The date the corporation acquired the property;
g.  The estimated market value of the property when the corporation acquired it; and the complete address of the property´s present location.

54. At any time in the last five years, has the corporation made any disposition, by conveyance, transfer, gift, or otherwise, of property with any reservation of rights, benefits, or options for the reacquisition of the property at some future date? If so, for each disposition please state:

a.  A full description of the property involved;
b.  The date of the disposition;
c.  The transferee´s full name and complete address;
d.  The nature of the reservation, benefit, or option;
e.  The cost of the property when the corporation acquired it; and
f.  the market value of the property at the time of disposition or the payment other consideration received in exchange.

55. Has the corporation in the last five years assigned any thing or right to collect money? If it has, for each assignment please state:

a.  A description of the thing or right assigned;
b.  The date the assignment was made;
c.  The full name and complete address of the assignee; and
d.  The payment or other consideration received in exchange.

56. At any time in the last five years, has the corporation transferred, conveyed, or assigned any property or any rights in any property under any condition or made any loan or pledged any property to any officer, director, or shareholder, or to any relative, spouse, spouse´s relative, friend, or acquaintance of such a person? If so, for each transaction please state:

a.  A complete description of the transaction;
b.  The date of the transaction;
c.  The full name and complete address of each person involved in the transaction; and
d.  The payment or other consideration received or paid by the corporation in exchange.

57. Has the corporation at any time sold, transferred, or assigned all or a substantial part of its stock in trade or any trade fixtures in bulk? If it has, for each transaction please state:

a.  The date the transaction occurred;
b.  A complete description of the property disposed of;
c.  The full name and complete address of each transferee or assignee;
d.  The payment or other consideration received as the sales price;
e.  Whether any notice of the transaction was given and, if so, when and where the notice was recorded; and
f.  Whether any notice of the transaction was published in a newspaper and, if so, the name and location of the newspaper and the date of publication.

58. At any time in the last five years, has the corporation given consideration for any property that has been conveyed or transferred and is now being held for the corporation in the name of some person or other entity? If so, for each occurrence please state:

a.  The full name and complete address of each title holder;
b.  The date the conveyance or transfer was made;
c.  A complete description of each item of property involved; and
d.  The amount of payment or consideration given for the property.

59. In the last five years, has the corporation suffered any casualty loss from fire, wind, theft, or other cause? If it has, for each loss please state:

a.  A description of the property lost or damaged;
b.  The date of the loss;
c.  The cause, nature, and amount of the loss;
d.  Whether the loss was covered by insurance and, if it was, the name of the insurance carrier, the policy number, the policy limits, and whether a claim was filed; and
e.  If a claim was filed, the amount of the claim, the full name and address of the agent who processed it, and how much of the claim was paid.

60. At any time in the last five years, has the corporation been a party to any contract or other agreement by which the corporation granted an option to any person or other entity to purchase any or all of its assets? If so, for each agreement please state:

a.  The date of the agreement;
b.  Where the agreement was made;
c.  The full name and complete address of each person or entity that was a party to the agreement;
d.  The payment or other consideration the corporation received in exchange for the agreement;
e.  The full name and complete address of each person or entity furnishing the consideration;
f.  A complete description of the property covered by the agreement; and
g.  The terms of the agreement, copying it verbatim or, if you will do so without a court order, attaching a copy of the agreement to your answers.

61. At any time in the last five years, has the corporation made any payment in extension or compromise of a debt? If it has, for each payment please state:

a.  The date of payment;
b.  The debt´s original amount and its current amount;
c.  The full name and complete address of the owner of the debt; and
d.  The basis for the debt.

62. Is any of the corporation´s property rented, leased, or otherwise in another party´s possession? If so, for each such piece of property please state:

a.  A description of the property;
b.  The full name and complete address of the person or entity having possession of the property;
c.  The basis for the third party´s possession (lease, rental, etc.); and
d.  The payment or other consideration the corporation received in exchange for the arrangement.

63. Does the corporation presently owe more than $500 to any creditor? If it does, for each such debt please state:

a.  The creditor´s full name and complete address;
b.  The amount of the debt owed by the corporation;
c.  The date the debt was incurred;
d.  The payment or other consideration the corporation received in exchange for the debt; and
e.  A description of the security given by the corporation to secure the debt.

64. Has the corporation made any payment exceeding $500 to any creditor within the last four months? If it has, for each payment please state:

a.  The date and amount of the payment; and
b.  The full name and complete address of the recipient.

65. Is any state or federal tax lien filed or outstanding against the corporation? If so, for each lien please state:

a.  The amount of the lien;
b.  Whether the tax has been paid;
c.  The name of the governmental agency that filed the lien; and
d.  The date it was filed.

66. Has the corporation received any notice of a tax deficiency other than what is the subject of this cause number? If it has, for each deficiency please state

a.  The full amount of the alleged deficiency;
b.  The full name and complete address of the governmental agency claiming the deficiency; and
c.  The date of notice.

67. At any time in the last five years, has the corporation made any payment as an extension or compromise of a tax claim? If it has, for each claim please state:

a.  The date and amount of each payment; and
b.  The full name and complete address of the governmental agency claiming the deficiency.

68. Is there any judgment against the corporation that is unpaid? If there is, for each unpaid judgment please state:

a.  The date of the judgment;
b.  Its amount and how much remains unpaid;
c.  The name of the party having the judgment against the corporation;
d.  The name of the present holder of the judgment if different from the plaintiff;
e.  The name, number, and location of the court in which the judgment was obtained; and
f.  The cause number of the judgment.

69. Does the corporation have any abstract of judgment filed against it? If so, for each judgment please state:

a.  The date of the judgment;
b.  Its amount and how much remains unpaid; and
c.  The name of each county and the volume and page number of the record book where the abstract is recorded in each county.

70. Does the corporation claim that any real or personal property, tangible or intangible, is protected from the claims of creditors? If it does, for each piece of property so claimed, please state:

a.  The legal and common descriptions of the property;
b.  The estimated value of the property;
c.  The reason for claiming that it is exempt; and
d.  The complete address of the property´s location.

71. Does the corporation have any financing statement or UCC statement filed against it? If it does, for each statement please state:

a.  The date and place of filing;
b.  The full name and complete address of the party filing the statement;
c.  The amount of the debt to which it pertains;
d.  A complete description of the collateral securing the debt, as shown on the security agreement;
e.  The date of maturity of the debt; and
f.  The complete contents of the statement, copying it verbatim or, if you will do so without a court order, attaching a copy of the statement to your answers.

72. Does any person or entity now keep records (including but not limited to checkbooks, books, ledgers, memoranda, other written documents, tape recordings, and computer records) of receipts, disbursements, and other business transactions of the corporation, or have they been kept at any time in the last five years? If so, please attach copies of the records for the last five years if you will do so without a court order, if he records amount to more than one hundred pages for all of them, you may comply by stating that they may be inspected or will be made available without a court order. Further, please state:

a.  The form in which the records are or were kept;
b.  The accounting basis (cash or accrual) used;
c.  The date they were first maintained;
e.  The full name and complete address of each person or entity that prepared them;
f.  The full name and complete address of each person or entity now having custody of them;
g.  The complete address of each location of any such records relating to the last five years; and
h.  Whether the records accurately reflect the income reported in the corporation´s federal income tax returns for each year during which the records were kept.

73. Has any record of the corporation´s income, disbursements, or business affairs been stolen or disposed of in the last five years? If so, for each disposition please state:

a.  The nature of the disposition, such as theft or intentional destruction;
b.  The date of the disposition;
c.  The reason for the disposition;
d.  The full name and complete address of the person making the disposition; and
e.  If theft occurred, whether it was reported to the police.

74. At any time in the last five years, has the corporation employed or used the services of an accountant, bookkeeper, or certified public accountant? If so, for each such person please state:

a.  The full name and complete address of the person;
b.  The dates during which the services were employed;
c.  A description of the services the person performed; and
d.  The contents of resulting reports, copying them verbatim or, if you will do so without a court order, attaching copies of the reports to your answers. If the reports amount to more e.  than one hundred pages for all of them, you may comply by stating that they may be inspected or will be made available without a court order.

75. At any time in the last five years, has anyone taken an inventory of the corporation´s property? If so, for each inventory please state:

a.  The date of the inventory;
b.  The full name and complete address of each person who made the inventory or supervised it;
c.  The full name and complete address of each person or entity having a copy of the inventory;
d.  The total dollar value of the property as stated in the inventory;
e.  The means used to evaluate the inventory;
f.  The reason for making the inventory; and
g.  A complete description of each item of property included in the inventory, copying it verbatim or, if you will do so without a court order, attaching a copy of the inventory to your h.  answers. If the copies amount to more than one hundred pages, you may comply by stating that they may be inspected or will be made available without a court order.

76. In the last five years, has the corporation furnished a financial statement to any person or entity? If it has, for each financial statement please state:

a.  Why it was prepared;
b.  The full name and complete address of each person or entity to whom it was furnished;
c.  The date it was furnished;
d.  The full name and complete address of the person or entity now owning each asset shown on the statement; and
e.  The contents of the statement, copying it verbatim or, if you will do so without a court order, attaching a copy of the statement to your answers.

77. Does the corporation or any employee, officer, director, or shareholder of the corporation have any interest in any pension plan, retirement fund, annuity fund, or profit-sharing plan? If so, for each plan please state:

a.  The full name and complete address of the plan´s administrator;
b.  The present value of the corporation´s interest in the plan;
c.  The present value of the interest belonging to any person in any of the above-described categories; and
e.  A description of the terms under which the corporation or any person in any of the above-described categories can receive money or property under the plan.

78. Has any money, real property, or other personal property heretofore belonging wholly or partly to the corporation been transferred to, or is it in the possession of, any present or former shareholder, employee, agent, officer, or director of the corporation or any relative by blood or marriage, friend, or acquaintance of any of them? If so, for each transaction please state:

a.  A complete description of the transaction;
b.  A complete description of the property involved;
c.  The full name and complete address of each person involved; and
d.  The payment or other consideration the corporation received in exchange.

79. Is the corporation presently entitled to receive any money from a governmental office, such as utility deposit, income tax refund, or security deposit, income tax refund, or security deposit? If so, for each payment please state

a.  The full name and complete address of the office owing the money;
b.  The reason the corporation is owed the money;
c.  The amount owed; and
d.  The date it will be paid.

80. Has the corporation ever filed a petition in bankruptcy, entered into an assignment for the benefit of creditors, or been a party to a composition arrangement? If so, for each occurrence please state:

a.  The nature of the proceeding or arrangement;
b.  The date the proceeding began or the arrangement was made;
c.  The name, number, and location of any court that was involved; and
d.  The disposition or present status of the proceeding or arrangement.

81. Has any person or entity ever filed an insolvency proceeding against the corporation, including a state receivership action or a federal bankruptcy proceeding? If so, for each proceeding please state:

a.  The full name and complete address of the person or entity that filed it;
b.  The date it was filed;
c.  The name, number, and location of the court in which it was filed;
d.  The grounds alleged; and
e.  The disposition of the proceeding or its present status.

82. In the last five years, has any person or entity paid or transferred to the corporation assets in any form, including money, worth more than $1,000? If so, for each transfer please state:

a.  The full name and complete address of the person or entity making the transfer;
b.  The date of the transfer;
c.  A complete description of the assets transferred; and
d.  The value of each asset transferred.

83. For each expense of the corporation that recurs on a monthly or other regular basis and exceeds $5,000, please state:

a.  A complete description of the debt or expense;
b.  The amount of each payment and either that this amount is the same for each payment or that this amount is an average for the past year;
c.  The full name and complete address of the recipient of the payments;
d.  Whether each debt is paid;
e.  The manner of payment (cash payment, transfer of inventory, etc.); and
f.  If the debt is paid in cash, the full name and complete address of the source from which the cash is obtained.

84. For each bank or other financial or lending institution with which the corporation has transacted any type of business or maintained any account in the last five years, please state:

a.  The full name and complete address of the institution;
b ..The account or transaction number involved; and
c.  A complete description of the transaction.

85. Please state all reasons why Defendant has not paid its debt to Plaintiff.

86. How much money would the corporation be able and willing to pay to Plaintiff in the next thirty days to enter a payment plan in this matter?

87. If the corporation cannot start making monthly payments within the next thirty days, please state why not.

88. Why is the corporation unable or unwilling to pay more than the amounts listed in the answers to question 86?

EXHIBIT “C”

SAMPLE POST JUDGMENT REQUESTS FOR PRODUCTION
___________________________________________________________________

Please produce true and complete copies of the following (including copies of the front and back, if there is material that is written, printed, typed, or drawn on the back) without altering, re-creating, supplementing, or otherwise retroactively documenting these records after the date of your receipt of this discovery.

Tax Returns: Copies of federal income tax returns for yourself individually AND for any entity in which you own any legal or equitable interest for the years _______ through the latest return you have filed, including all schedules and exhibits. Include all United States gift tax returns filed by you since _____________ to the present.

Financial Statements: All financial statements prepared by you for yourself individually AND for any entity in which you own any legal or equitable interest from ___ through the present date.

Bank Accounts – Statements: Copies of any and all bank statements for accounts in your name individually AND in the name of any entity in which you own a legal or equitable interest from _________ to the present.

Bank Accounts – Checks: Front and back copies of any checks, drafts, or money orders issued by you personally AND by any entity in which you own a legal or equitable interest from ____ to the present.

Real Property Owned: Each document which provides a description and/or value for each interest in real property owned by you (including but not limited to deeds, notes, deeds of trust, insurance policies, closing statements, ad valorem tax statements, and appraisals) from _____ to the present, regardless of whether or not such property is still titled in your name as of this date.

Real Property Owned by Entities in Which You Have an Interest: Each document which provides a description and/or value for each interest in real property owned by entities in which you have a legal or equitable interest (including but not limited to deeds, notes, deeds of trust, insurance policies, closing statements, ad valorem tax statements, and appraisals) from _____ to the present, regardless of whether or not such property is still titled in your name as of this date.

Oil and Gas Leases: All oil and gas leases and division orders in which you have an interest, either as lessor, lessee, trustee, or beneficiary.

Partnership Interests: All joint venture agreements, general partnership agreements, limited partnership agreements, certificates of limited partnership. and other documentary evidence of any form of partnership agreement(s) entered into by you.

Transfers of Real Property by You: Copies of all documents pertaining to the sale or transfer of any of your real property to third parties since ________________, such documents to include without limitation contracts, agreements, deeds, promissory notes, deeds of trust, modifications, extensions, work orders, invoices, receipts, checks and other documents.

Transfers of Real Property by Entities in Which You Have an Interest: Copies of all documents pertaining to the sale or transfer of any of real property by any entity in which you have a legal or equitable interest to third parties since ________________, such documents to include without limitation contracts, agreements, deeds, promissory notes, deeds of trust, modifications, extensions, work orders, invoices, receipts, checks and other documents.

Leases and Executory Contracts: Produce any leases, residential or commercial, and executory contracts in which you have an interest.

Litigation: Produce all documents which refer or relate to other lawsuits in which you are presently involved or have been involved in within the last three years, including any unsatisfied judgments in which you are the judgment creditor; any other unsatisfied judgments against you or for which you are liable; and any filing in bankruptcy by you.

Non-Realty Owned: Each document which provides or reflects a title, description, and/or value for each interest in non-real property owned by you (including but not limited to title certificates, registrations, insurance policies, receipts, and appraisals) from _____ to the present, regardless of whether or not such property is still titled in your name as of this date. This shall include all documents which provide a description of the following items owned by you in the past three years, including the present value of the item and the amount of the indebtedness outstanding against the item:

stocks, bonds, or other securities, including the name and address of the corporation in which the equity or shares are owned, and dividends paid or payable to you within the last three years;

mortgages or liens on real or personal property;

promissory notes, drafts, bills of exchange, or other commercial paper;

judgments;

savings bonds or other government-issued bonds or treasury bills;

any interests in oil, gas, or mineral leases;

certificates of deposit, letters of credit, money orders, cashier´s checks, travelers checks bank deposits, escrow funds, safety deposit boxes, savings accounts, or accounts at any financial institution or organization;

keogh plans, individual retirement accounts, profit sharing plans, deferred compensation plans, pension plans, prepaid funeral plans, retirement benefits, or other retirement plans;

leases, life estates, remainder interests, or other interests in real property; and

patents, copyrights, trademarks, franchises, and other licenses.

Transfers of Non-Realty: Copies of all documents pertaining to the sale or transfer of any of your non-real property to third parties since ________________, such documents to include without limitation assignments, transfer documents, bills of sale, and the like.

Transfers of Non-Realty by Entities in Which You Have an Interest: Copies of all documents pertaining to the sale or transfer of any of any non-real property by any entity in which you own a legal or equitable interest to third parties since ________________, such documents to include without limitation assignments, transfer documents, bills of sale, and the like.

Communications Relating to Transfers: Copies of all communications, correspondence, email, or memoranda sent, received, or exchanged by you pertaining to the transfer by (a) you of any real or personal property to third parties within the last calendar year; and (b) any entity in which you own a legal or equitable interest to third parties within the last calendar year.

Accounts Receivable: Any promissory note, judgment, or statement of account(s) receivable evidencing any debts owed to you personally AND for any debts owed to any entity in which you have a legal or equitable interest.

Ownership interests in business entities: Please furnish documentary evidence of your ownership interest in ________________________ [OR] all business entities in which you have a legal or equitable interest, including but not limited to any limited liability company, corporation, trust, general partnership, limited partnership, or other entity, including any “dba,” in which you own or claim, or have owned or claimed, any interest from ________________ to the present.

Ownership interests in non-business entities: Please furnish documentary evidence of your ownership in all non-business entities (e.g., living trusts, testamentary trusts, non-profit organizations, and the like) in which you have a legal or equitable interest.

Trustorships and Trusteeships: Please furnish documentary evidence of your role in any entity in which you serve as trustor and/or trustee, including but not limited to (1) the trust agreement for such entity; (2) copies of the deeds to any real property held by the trust; and (3) any inventory or written record of any non-real property held by the trust.

Professional licenses: As to all professional licenses you may possess, furnish: (a) copy of license; (b) copies of any reprimands, suspensions, revocations, or any other similar action that may have been taken against you; and (c) an explanation of the outcome of any such action.

Litigation: Copies of all case numbers, pleadings, motions, orders, exhibits, and judgments that may exist in:

(a) current cases in litigation in which you or your firm are a party;
(b) past litigated cases in which your or your firm were a party for the past 5 years, including copies of all judgments that may have been rendered against you or your firm within the last 5 years.

DBA Certificate(s): Please furnish a copy of any DBA (ie., “doing business as”) certificates that are or have been registered to your name or the name of any entity in which you have a legal or equitable interest.

Company and Corporate Documents: Please furnish all certificates of formation, articles of incorporation or organization, partnership agreements (general or limited), or joint venture agreements that form the basis of any entity in which you now claim or have claimed any legal or equitable interest from _____________to the present date.

Documents Relating to [NAME OF ENTITY]: As to this entity, please furnish the following from ________ to the present:

the certificate of formation or certificate of incorporation
minutes of organizational meeting of members or shareholders
mintues of meetings of the board of directors, if any
the annual minutes of meetings
all company or corporate resolutions
copies of share certificates or member certificates
IRS tax returns

Documents Pertaining to Foreign Entities: If you are a foreign entity doing business in Texas, furnish any registration from the Texas Secretary of State’s office that you are registered to do business in Texas.

Records Pertaining to Real Estate Owned: Please furnish all records pertaining to all real estate (including oil, gas, and other minerals) in which you rent, own or claim, or have rented, owned or claimed, any interest since _________________, including but not limited to any and all deeds, mortgages, deeds of trust, liens, leases, promissory notes, surveys, and settlement statements of purchasers or sellers, together with any evidence showing monthly payments and present outstanding balance of principal and interest, including but not limited to the property the subject of this litigation as defined hereinabove.

Loan Application Documents: Please furnish copies of any and all, loan applications, personal financial statements profit and loss statements, cash flow projections, business models, and/or records containing financial information of any nature that have been prepared by you or any other person for you or for any other entity in which your ownership percentage exceeds 25% and that have then been submitted to banks or other lenders in order to seek financing for _____ from _____ to the present.

Professional Contracts and Agreements: Please furnish any contract of employment with any attorney, private investigator, accountant, appraiser, testifying expert or consulting expert, or any other person engaged by you or your attorneys in connection with this suit, including every document or tangible thing constituting or containing evidence or information relating to all payments made to any such persons or entity and all statements or invoices received from any such person or entity.

Formation Documents: Please furnish all formation documents, including without limitation, certificates of formation, articles of incorporation or organization, partnership agreements, or joint venture agreements that form the basis of any entity in which you now claim or have claimed any legal or equitable interest from January 1, 200_____ to the present date.