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Old 05-14-2008, 01:41 PM
mertensv16 mertensv16 is offline
Practice Makes Perfect
 
Join Date: Feb 2008
Posts: 286
Quote:
Originally Posted by moishanb
The 5th amendment clearly recognizes one's right to not be compelled to witness against himself. But, if you are willing to waive that right, then, by all means, they won't stop the waiver from occurring.

No case-law is needed for this right to be self-evident.

Better read the 5th Amendment again. The right against self-incrimination applies only to evidence that can be used in criminal cases ("nor shall [any person] be compelled in any criminal case to be a witness against himself"). What makes you think it applies to postjudgment discovery in a civil case where the judgment creditor is seeking information regarding the judgment debtor's assets?
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