Brewer v. Dynamic Recovery Services Inc

Filing 77

ORDER granting 76 Motion to Bring Corporate Judgment Debtor's President Before the Court to Be Examined to Identify Assets to Satisfy the Judgment, directing J.S. Shade, President of Dynamic Recovery Services, Inc., to appear before this court in Courtroom No. IV of the Matthew J. Perry, Jr. Federal Courthouse, 901 Richland Street, Columbia, South Carolina at 10:00 a.m. on Monday, November 24, 2014, for the purpose of answering questions, under oath, regarding assets of Dynamic Recovery Services, Inc. that may be used to satisfy the judgment in this case. Signed by Honorable Joseph F. Anderson, Jr. on 10/09/2014.(bshr, )

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION

John Brewer, on behalf of himself and
all others similarly situated,
Plaintiff,
vs.
Dynamic Recovery Services, Inc.,
Defendant.

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C/A No.: 3:13-286-JFA

ORDER

This matter is before the court upon motion of the plaintiff for an order requiring the
President of the defendant, J.D. Shade, to appear before this court in order to be examined
with regard to any assets that the defendant corporation might possess and which might be
used to satisfy the final and unappealed judgment in this case.
The record will reflect that the plaintiff sought, and obtained, a judgment against
Dynamic Recovery Services, Inc., in the sum of $30,000. The time appeal that judgment has
now expired. According to plaintiff, the judgment has not been paid and the defendant has
indicated in correspondence that it will not voluntarily pay the judgment.
Federal Rule of Civil Procedure Rule 69(a)(2) provides that “the judgment creditor
. . . may obtain discovery from any person—including the judgment debtor—as provided in
these rules or by the procedure of any state where the court is located.” In South Carolina,
state law empowers courts to order a judgment debtor who refuses to satisfy a judgment, to
appear before the court to be examined about its assets. In the case of a defendant who is a
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corporation that cannot physically be brought into court, it is appropriate to bring in the
corporate president to appear an answer on behalf of the corporation regarding the
corporation’s assets.
For the foregoing reasons, J.S. Shade, President of Dynamic Recovery Services, Inc.
is hereby ordered to appear before this court in Courtroom No. IV of the Matthew J. Perry,
Jr. Federal Courthouse, 901 Richland Street, Columbia, South Carolina at 10:00 a.m. on
Monday, November 24, 2014, for the purpose of answering questions, under oath, regarding
assets of Dynamic Recovery Services, Inc. that may be used to satisfy the judgment in this
case. Mr. Shade shall also bring with him copies of the most recent financial statements of
the corporation, as well as a list of all the assets, including bank accounts, real estate, and all
other assets of value.
Finally, the defendant, Dynamic Recovery Services, Inc. is hereby enjoined and
restrained from transferring property belonging to the corporation prior to the hearing on
November 24, 2014.
Mr. Shade and Dynamic Recovery Services, Inc. are hereby advised that a failure to
comply with any of the provisions of this order will subject Mr. Slade to penalties for
contempt of court. The Clerk shall send Mr. Slade a certified copy of this order by certified
mail, return receipt requested.
IT IS SO ORDERED.

October 9, 2014
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge

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