D transfers funds to evade executing small claims court's judgment for P. D then submits form to Court under penalty of perjury that he is too poor to pay judgment. Clerk has no choice but to honor D's claim on its face. However, P (who has done research of his own into D's finances) asks for finalization by a judge- which is granted. P has a list of questions to ask D under oath during judge hearing. What is the penalty for evading court's judgment under false pretenses? Should P address these issues in separate forum or wait until hearing before small claims judge?
1 Answer from Attorneys
To go after your question a slightly different way, if you know of assets or property that might be used to satisfy a court judgment, you may want to speak to an attorney about using wage garnishment, trustee process, recording a lien, etc. The penalty for an untruthful answer in Court is perjury.