A Florida Ex Parte Motion For Hearing In Aid of Execution is a type of legal filing that is used when a creditor (the party seeking payment) needs to collect a monetary judgment from a debtor (the party owing money). This motion is filed with the court and requests an expedited hearing so that the creditor can seek a court order for the debtor to pay the debt or provide the assets to do so. This type of motion is commonly used when the debtor has the ability to pay the debt but is refusing to do so. There are two types of Florida Ex Parte Motion For Hearing In Aid of Execution: 1) Garnishment; and 2) Order To Show Cause. A Garnishment Motion is used when the debtor has money in a bank account which can be garnished to pay the debt. A creditor must provide evidence that the debtor has the funds available to pay the debt and must also provide the bank where the funds are held. An Order To Show Cause Motion is used when the debtor has assets which can be used to pay the debt. The creditor must provide evidence that the debtor has the assets and must provide a list of the assets. If granted, the court will issue an Order To Show Cause which requires the debtor to appear in court to explain why the assets should not be used to pay the debt.
Florida Ex Parte Motion For Hearing In Aid of Execution
Description Motion Hearing
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FAQ
?Ex Parte? Hearings in Florida Family Courts. There are certain situations when a person needs to ask the Florida courts for temporary relief without the other person being present. When a person seeks such relief in Family Courts in absence of the other spouse or parent, it is called an ?Ex Parte? hearing.
An Ex Parte Motion is when one side gets to meet with the judge without the other side there. This can be to ask for an order. For example, if you cannot file and serve a Motion within the time limits required by law, you can ask the court for an Order Shortening Time For Service of Notice of Motion.
An ex parte order is a court order issued before the other party gets notice or an opportunity to respond. It is an order a judge signs without having a hearing first. Ex parte orders are for emergency situations only.
Discovery in aid of execution in Florida refers to the legal process by which a judgment creditor finds (discovers) debtor assets that may be subject to collection of a money judgment. The principal discovery tools include requests to produce documents, written answers to interrogatories, and depositions under oath.
Any application filed after the conclusion of the arguments is not maintainable and in that eventuality, person being aggrieved on account of proceeded exparte order has a remedy to file appropriate proceedings under Order 9 Rule 7 CPC praying therein to set-aside ex-parte decree."
In Wisconsin, ex parte child custody refers to a legal action in which one parent can request temporary custody of a child without giving notice to the other parent. This is typically done in emergencies where the child's safety or well-being is at risk and immediate action is needed.
Opposing an Ex Parte Motion However, respondents have two choices: they can either attend the court appearance in person themselves or file a written response to the motion. The respondent of the ex parte motion has the right to appear in person at the court hearing, even without an attorney.
Tips to Win an Ex Parte Hearing: Submit a comprehensive and clear ex parte application.Find out 2-3 foolproof reasons why the order should be in your favor (depending on the cause of action).If the other party is harassing you or forcing you, provide the court with the records.Be prepared for a full hearing.