Louisiana 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
And some states also allow judgment liens on the debtor's personal property -- things like jewelry, art, antiques, and other valuables. In Louisiana, a judgment lien can be attached to real estate only (a house, land, condominium, or similar property interest).
So, the law allows the creditor to question the debtor about assets, income and debts. This process is called a Judgment Debtor Examination. It is a legal proceeding, initiated by the creditor, in which the debtor is summoned to appear in Court to answer inquiries by the petitioning creditor.
CCP 2451 ? Examination of judgment debtor and third parties; depositions. A. In aid of execution the judgment creditor may examine the judgment debtor, his books, papers, or documents, upon any matter relating to his property, either as provided in Articles 1421 through 1515 or as provided in Articles 2452 through 2456 ...
The state of Louisiana is unique in that nearly all civil actions have a one-year statute of limitations (most states range from two to five years for more claims). The exceptions are the three-year limits on collections of rent and debts and a 10-year statute of limitations for contracts and judgments.
Section 2333.09 | Order for examination of a judgment debtor. A judgment creditor shall be entitled to an order for the examination of a judgment debtor concerning his property, income, or other means of satisfying the judgment upon proof by affidavit that such judgment is unpaid in whole or in part.
If the defendant fails to answer timely, or if he fails to appear at the trial, and the plaintiff establishes a prima facie case by competent and admissible evidence, a default judgment in favor of the plaintiff may be rendered.
