Florida Sample Letter for Second Motion for Examination of Judgment - Debtor
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How to fill out Sample Letter For Second Motion For Examination Of Judgment - Debtor?
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FAQ
If you do not answer the questions by the deadline, which is usually about a month, the other side could ask the judge to order you to respond to the interrogatories. If you miss the second deadline, the judge could impose a fine against you or strike your pleadings.
Post-Judgment Interrogatories allow the prevailing party to ascertain what assets, if any, the judgment debtor has to satisfy the judgment debt.
Post-judgment discovery typically consists of interrogatories and requests to produce. The interrogatories are questions designed to uncover any assets the debtor may possess or has recently possessed. The request to produce forces the debtor to produce specific documents in order to verify assets.
Post-Judgment Discovery This process is used to obtain information directly from the judgment debtor about his or her non-exempt assets. Similar to turnover orders, this method exposes the judgment debtor to the same types of penalties and sanctions to compel compliance.
Execution and Levy In Florida, a judgment creditor can seize personal property including (1) automobiles, (2) stock in private companies, and (3) valuable home possessions. This process is called execution and levy.
If you do not pay the judgment, the judge can order you to appear in court. This is called an Application And Order For Appearance and Examination (EJ-125) . You can be ordered into court every 4 months to furnish information to aid in the enforcement of judgment until you pay the judgment.
Scope is the extent of discovery that parties agree to provide in a case. The general scope of discovery under Federal Rule of Civil Procedure 26(b)(1) includes information that is relevant, nonprivileged, and proportional.
Proceedings supplementary in Florida allows a judgment holder to enforce the judgment against the judgment debtor's property that is held by a third party. Normally the judgment creditor can only enforce the judgment against property of the judgment debtor in that party's possession that is not exempt from execution.
