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Hawaii Ex Parte Motion For Examination of Judgment Debtor(s) Or Persons Having Knowledge

State:
Hawaii
Control #:
HI-SKU-0537
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Ex Parte Motion For Examination of Judgment Debtor(s) Or Persons Having Knowledge
Hawaii Ex Parte Motion For Examination of Judgment Debtor(s) Or Persons Having Knowledge is a court process in which a plaintiff can ask the court to require a judgment debtor (the person who lost a lawsuit and owes a debt) or other persons having knowledge to appear in court to answer questions under oath. This motion enables the plaintiff to collect information regarding the debtor's assets and liabilities in order to enforce a judgment against them. The motion is ex parte, meaning that only the plaintiff is present at the hearing. There are two types of Hawaii Ex Parte Motion For Examination of Judgment Debtor(s) Or Persons Having Knowledge: 1. Examination of Judgment Debtor: This type of motion is used when the plaintiff wants to question the judgment debtor about their assets and liabilities to determine if they can satisfy the debt. 2. Examination of Persons Having Knowledge: This type of motion is used when the plaintiff wants to question another person who may have knowledge about the debtor's assets and liabilities. This person may include family members, business associates, or other third parties.

Hawaii Ex Parte Motion For Examination of Judgment Debtor(s) Or Persons Having Knowledge is a court process in which a plaintiff can ask the court to require a judgment debtor (the person who lost a lawsuit and owes a debt) or other persons having knowledge to appear in court to answer questions under oath. This motion enables the plaintiff to collect information regarding the debtor's assets and liabilities in order to enforce a judgment against them. The motion is ex parte, meaning that only the plaintiff is present at the hearing. There are two types of Hawaii Ex Parte Motion For Examination of Judgment Debtor(s) Or Persons Having Knowledge: 1. Examination of Judgment Debtor: This type of motion is used when the plaintiff wants to question the judgment debtor about their assets and liabilities to determine if they can satisfy the debt. 2. Examination of Persons Having Knowledge: This type of motion is used when the plaintiff wants to question another person who may have knowledge about the debtor's assets and liabilities. This person may include family members, business associates, or other third parties.

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FAQ

A judgment allows a creditor to garnish wages, garnish bank accounts, or take a lien against property in your name. A judgment lasts for twenty years in the state of Florida and can be renewed for an additional twenty years.

: one who is obligated to pay a debt or damages in ance with a judgment entered by a court.

Judgment creditors usually record this kind of lien on property with title papers, such as a car or a business's assets. If, for example, you tried to sell your car, the lien would appear, and you'd have to pay off the judgment creditor before selling.

A judgment debtor examination is a court proceeding created by law where the party who has obtained a judgment in court is entitled to ask questions of the person who owes that judgment.

Warrants to Seize Property and Warrants of Seizure and Sale When the court or VCAT make an order for a person to pay money (debtor) and they do not pay it, the person who is owed the money (creditor) can apply to the court (that made the order) to issue a Warrant to Seize Property or a Warrant of Seizure and Sale.

Your questions at the examination might relate to such things as where the debtor works, where he banks, what types of property he owns, where that property is located, and the like.

In English and American law, a judgment debtor is a person against whom a judgment ordering him to pay a sum of money has been obtained and remains unsatisfied.

The main ways to legally avoid appearing at a debtor examination are to pay off the debt or reach a settlement with the creditor that provides a way for paying back the debt. You also may be able to avoid the examination by filing for bankruptcy, which will trigger an automatic stay of collection efforts.

More info

TO THE JUDGE OF THE ABOVE-ENTITLED COURT: Judgment Creditor(s) moves the Court to enter an Order directing Judgment. Ex Parte Motion For Examination Of Judgment Debtor(s) Or Person Having Knowledge of Judgment Debtor(s) Form.To request a judgment debtor exam, you must file a Motion for Examination of Judgment Debtor and a proposed order for the judge to sign. The Code is designed to provide guidance to judges and nominees for judicial office. Cause, apply for ex partesets a different time. (2) Supporting Affidavit. Levy (seize) assets that you have personal knowledge of or listed on the Judgment Debtor's Statement of Assets form. (c) Identification of Judgment Creditors and Judgment Debtors. Judge's daily AM and PM ex parte sessions: Motion for Change of Judge. Guardian Ad Litem Appointments.

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Hawaii Ex Parte Motion For Examination of Judgment Debtor(s) Or Persons Having Knowledge