Civil Disentitlement as a Remedy in the Post Judgment Setting

January 26, 2011

In the case of Garza v. Asbestos Corporation Limited, the judgment creditors faced the uphill battle of collecting against a judgment debtor located in Canada.

When the judgment debtor (ACL) failed to respond to post-judgment discovery, the judgment creditors moved to have ACL disentitled from responding to any further motions in the case.

The basis of the disentitlement was the simple notion that if a party avails itself  to the courts they must play by the rules. A party who is in contempt cannot participate in further proceedings until they comply with the court’s orders.

View the disentitlement order here

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