[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [Name of the Court] [Address of the Court] [City, State, ZIP] Re: Second Motion for Examination of Judgment — Debtor Dear Honorable Judge [Judge's Last Name], I hope this letter finds you in good health and high spirits. I am writing to request your honorable court's attention to a matter related to a judgment for which I am the debtor. I have recently discovered some new information that I believe is crucial for a thorough examination of the judgment as well as my ability to fulfill my financial obligations towards the creditor. Furthermore, I am pleading with the court to grant me a second motion for examination of the judgment. Furthermore, I believe that the previous examination did not adequately consider certain crucial factors that were not brought to light during the initial proceedings. Consequently, I humbly request the court's permission for this second examination, in order to present my case in a comprehensive and substantiated manner. Kindly allow me to present the following reasons justifying the need for this second examination: 1. DOCUMENTARY EVIDENCE: I possess vital documentary evidence that was overlooked during the previous examination. These documents are instrumental in showing a clear picture of my financial situation and my ability to make reasonable payments towards the judgment. I humbly request the opportunity to present these documents as part of this examination. 2. CHANGE IN CIRCUMSTANCES: Since the initial examination, there have been significant changes in my financial circumstances that directly impact my ability to meet the terms of the judgment. These changes were unforeseeable and have put me in an extremely challenging financial position. I believe it is crucial for the court to have a complete understanding of these circumstances to make a fair ruling. 3. NEWLY DISCOVERED INFORMATION: I have recently come across new information that sheds light on essential facts regarding the creditor's conduct during the original proceedings. This information, if taken into account, has the potential to significantly impact the judgment's validity. With your permission, I would like to present this new information as part of this examination. I understand that the court's time is valuable, and I truly appreciate your attention to this matter. However, I strongly believe that a second examination is not only warranted but essential to ensure justice is served and to protect my rights as the debtor. I kindly request the court to grant me the opportunity to present my case with the assistance of legal counsel, or alternatively, to provide me guidance on how to proceed pro SE during the examination. Enclosed with this letter, please find copies of the relevant documents referenced above. I kindly ask that these documents be admitted as evidence during the examination. Thank you for your time and consideration. I am eagerly awaiting the court's favorable response to my request for a second motion for examination of the judgment — debtor. I am confident that with this opportunity, I will be able to provide the court with a comprehensive understanding of my financial situation, thus aiding the court in making an informed and fair ruling. Your honor, I remain at your disposal should you require any additional information or clarification. I am grateful for your attention to this matter and respectful of the court's judgment. Yours faithfully, [Your Name]
Louisiana Sample Letter for Second Motion for Examination of Judgment - Debtor
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How to fill out Louisiana 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.
