United States District Court, W.D. Missouri, St. Joseph Division
NANETTE K. LAUGHREY United States District Judge.
before the Court is KCI Auto Auction, Inc.'s motion to
compel non-party Experian Information Solutions, Inc. to
comply with KCI's post-judgment discovery requests. Doc.
171. For the following reasons, the motion is granted.
brought this case against Defendants Alonzo Anderson, Angelo
Jefferson, Barry Ristick, Danny Ephrem, David Ephrem, Tom
Ephrem, J.J. Ephrem, Jason Ephrem, Quality Used Cars, LLC,
Lucky 7 Used Cars, L.L.C. and Lucky 7 Discount Auto Sales LLC
to collect money owed to KCI on an account established for
Lucky 7 Used Cars. Doc. 1 (Complaint). In January 2018,
Jefferson, Ristick, Quality Used Cars and three of the Ephrem
defendants settled with KCI, and default judgment was
entered against Lucky 7 Used Cars and Lucky 7 Discount Auto
Sales. Doc. 97; Doc. 100. The Court later granted summary
judgment against Anderson. Doc. 115.
now attempting to collect these judgments and has served the
defendants with post-judgment discovery to that end.
See Doc. 125, Doc. 147. KCI, however, has not
received responses. On March 11, 2018, KCI sent notices to
each individual defendant stating KCI's intention of
serving non-party Experian Information Solutions, Inc. with
subpoenas as part of its post-judgment discovery efforts.
Doc. 159; Doc. 160; Doc. 161; Doc. 162; Doc. 163; Doc. 164.
KCI then served Experian with the subpoenas, which request
“[a]ny and all documents, records and information in
[Experian's] file and possession, including the Consumer
Report and the Credit Report, related or pertaining to the
complete credit history and consumer file . . . pursuant to
the [Fair Credit Reporting Act]” for each individual
judgment debtor. Doc. 169; Doc. 169-1; Doc. 169-2; Doc.
169-3; Doc. 169-4; Doc. 169-5; Doc. 169-6.
the defendants have filed a motion to quash or otherwise
indicated opposition to the subpoenas. Experian responded
directly to KCI with a letter dated March 20, 2019 stating
that absent an order signed by the Court, production of the
requested documents would violate the Fair Credit Reporting
Act. Doc. 171-1. However, Experian also stated it would
respond immediately to a subpoena or order signed by a judge.
Accordingly, KCI filed a motion to compel production, and
sent a copy of the motion to the individual defendants and
Experian. Doc. 171. No. opposition to the motion has been
issued the subpoenas pursuant to Federal Rules of Civil
Procedure 45 and 69. Rule 45(a) provides for production of
“documents, electronically stored information, or
tangible things” pursuant to a subpoena. Rule 69(a)(2)
provides that a “judgment creditor . . . may obtain
discovery from any person . . . as provided in [the Federal
Rules].” “Judgment creditors are entitled to the
full range of discovery in aid of execution on
judgments.” Local 513, Int'l Union of Operating
Engineers, AFL-CIO V. Arrow Trenching, Inc., No. 09-391,
2009 WL 3698001, at *1 (E.D. Mo. Oct. 27, 2009) (citing
Credit Lyonnais, S.A. v. SGC Int'l., Inc., 160
F.3d 428, 430 (8th Cir. 1998)).
states that defendants' consumer and credit reports are
needed to collect on the various judgments. The reports will
likely confirm the defendants' specific addresses and
social security numbers, identify and locate the
defendants' assets, and identify and locate financial
information, all of which can be used in aid of execution.
Therefore, the requested information is relevant to KCI's
the Fair Credit Reporting Act limits the permissible purposes
of consumer reports, 15 U.S.C. § 1681b, at least one
circuit has found that “[a] judgment creditor has a
permissible purpose to receive a consumer report on the
judgment debtor for use in connection with collection of the
judgment debt.” Pintos v. Pac. Creditors
Ass'n, 605 F.3d 665, 676 (9th Cir. 2010) (citing
Hasbun v. Cty. of Los Angeles, 323 F.3d 801, 803
(9th Cir. 2003)). In this case, KCI is a judgment creditor
seeking the consumer reports in connection with the
collection judgments entered in this case. Accordingly, KCI
has a proper purpose in seeking production from Experian.
reasons set forth above, Plaintiff's motion to compel,
Doc. 171, is granted. KCI is permitted to submit
documentation regarding costs and expenses incurred in
connection its motion to compel to the Court to be assessed
against the defendants.
Information Solutions, Inc. is hereby ordered to produce to
KCI, within 10 days of the date of this Order, any and all
documents, records and information in Experian's file and
possession, without any redaction, including without
limitation each Defendant's full Consumer Report and full
Credit Report, related or pertaining to the complete credit
history and consumer file of each of the following six
ALONZO ANDERSON, whose last known address is 2551 N.