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
When writing the letter, it is crucial to use a simple and professional language. Do not be harsh or threat the debtor in your letter as it can turn the tables against you. The letter should be addressed to the debtor's home address or any other address that the debtor has provided before.
Judgment proof is a description of a person who does not have enough assets for a creditor to seize when a court order requires debt repayment. A debtor who is broke and unemployed can be considered judgment proof, as can a debtor who only has certain legally protected types of assets or income.
Your full name and address. The collections agency's name and address. A request for the amount of the debt claimed to be owed. A request for the name of the original creditor. A request for the judgment information (if applicable) A request for proof of the company's license.
Type your letter. Concisely review the main facts. Be polite. Write with your goal in mind. Ask for exactly what you want. Set a deadline. End the letter by stating you will promptly pursue legal remedies if the other party does not meet your demand. Make and keep copies.
Make sure you state you are exercising your rights under the Fair Debt Collection Practices Act. Include a sentence or two describing why you are judgment-proof For example: I am judgment proof because I am living only on Social Security benefits, own limited exempt property, and cannot meet current expenses.
Use a letterhead. Outline the facts/story leading up to the demand letter in a chronological manner. State the legal basis for your claim. State how you will pursue legal action if your demand is not met, and include a timeline within which the demand is to be met.
I am responding to your contact about a debt you are attempting to collect. You contacted me by phone/mail, on date. You identified the debt as any information they gave you about the debt. Please stop all communication with me and with this address about this debt.
If you are collection proof you can write a letter to the debt collector that tells them it is not worth taking you to court. The letter also tells them not to harass you. If you are collection proof use the collection proof letter.
