Section 1.7 Obstacles—Constitutional and Nonconstitutional

• Library: Creditors' Remedies (2009 Ed. + 2014 Supp)

B. (§1.7) Obstacles—Constitutional and Nonconstitutional

Apart from the natural reluctance of the debtor or an officer of a debtor corporation to assist the plaintiff in finding property that might be subject to levy, there is an additional problem created by the constitutional privilege against self-incrimination. Assuming that there is no use immunity granted under § 513.380.2, RSMo 2000 (and further assuming that even if there is, no federal question is involved), a defendant may not be required to answer questions as to the ownership of property when the refusal is based on the privilege against...