An Idaho Order on Motion for Examination of Judgment Debtor is a court order that allows a judgment creditor to obtain information from a judgment debtor. The order is issued by a court in response to a motion filed by the judgment creditor. The motion must include the relevant facts, such as the amount of the judgment, and a request for the court to issue an order requiring the judgment debtor to answer questions about their assets and financial situation. The order will typically require the judgment debtor to appear before the court to answer questions under oath. There are two types of Idaho Order on Motion for Examination of Judgment Debtor. The first is an Ex Parte Order, which is an order issued without notice to the judgment debtor. The second is a Notice Order, which requires the judgment creditor to serve the judgment debtor with notice of the hearing at least seven days in advance.
Idaho Order on Motion for Examination of Judgment Debtor
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FAQ
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.
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.
When a person against whom a monetary judgment has been entered, the person owes a judgment debt. This party will be a judgment debtor. The party who the judgment debtor owes money to is the judgment creditor. The judgment creditor has the right to collect the judgment debt.
Asks the court to order, and orders the judgment debtor or a third party holding the judgment debtor's property to appear at court to answer your questions about their finances to help you learn how you might collect your judgment.
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.