[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP Code] Re: Second Motion for Examination of Judgment — Debtor Dear [Recipient's Name], I hope this letter finds you well. I am writing to bring to your attention a matter of great importance regarding a judgment that has been issued against the debtor in the state of West Virginia. As per my rights under West Virginia law, I kindly request a second motion for examination of judgment. West Virginia, often referred to as the "Mountain State," is a landlocked state located in the Appalachian region of the United States. Known for its picturesque landscapes, rich history, and friendly communities, West Virginia offers a unique blend of natural beauty and cultural heritage. In the context of legal proceedings, a judgment serves as the court's official decision on a particular matter, typically involving a debt owed by an individual or entity. Once a judgment is rendered, it becomes essential for the creditor to explore all available options for debt recovery. In this case, the debtor has failed to satisfy the judgment despite previous efforts, necessitating this second motion for examination. There are various types of West Virginia Sample Letters for Second Motion for Examination of Judgment — Debtor, each tailored to specific circumstances. Some common types include: 1. Standard Second Motion: This type of letter is used when requesting a general examination of the judgment debtor's assets and financial situation to determine their ability to repay the debt. 2. Wage Garnishment Second Motion: Should the debtor be employed, this letter seeks an examination of their wages to establish an appropriate wage garnishment amount for debt repayment. 3. Bank Account Attachment Second Motion: If the debtor holds a bank account, this letter aims to compel the examination of their account balance to facilitate the attachment of funds for satisfying the judgment. 4. Property Lien Second Motion: For debtors who possess valuable property, this letter seeks a comprehensive examination of their assets with the intention of placing a lien on identified properties to secure debt repayment. It is crucial to select the appropriate type of sample letter based on the circumstances of your particular case. Tailoring the content to reflect the specifics of your situation will enhance the effectiveness of the motion and improve the likelihood of a favorable outcome. Enclosed with this letter, please find a copy of the relevant judgment and supporting documentation to support my request for a second motion for examination. I kindly ask you to confirm the receipt of this letter and provide me with details regarding the necessary steps to proceed with the examination process. Thank you for your attention to this matter. I anticipate your prompt response and cooperation in resolving this judgment case. Should you require any additional information or documentation, please do not hesitate to contact me. Sincerely, [Your Name]
West Virginia Sample Letter for Second Motion for Examination of Judgment - Debtor
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For example, if a defendant issues a written offer of judgment of $30,000 and the plaintiff chooses to let that offer lapse and to go to trial, the plaintiff must receive a judgment in excess of $30,000 to avoid having to pay the defendant's court costs.
- A party defending against a claim may pay into court by depositing with the clerk a sum of money on account of what is claimed, or by way of compensation or amends, and plead that the party is not indebted to any greater amount to the party making the claim or that the party making the claim has not suffered greater ...
(a) Any party may file a motion for reconsideration of a temporary or final order of the family court for the following reasons: (1) Mistake, inadvertence, surprise, excusable neglect or unavoidable cause; (2) newly discovered evidence which by due diligence could not have been available at the time the matter was ...
Creditors have five (5) years to file their debt collection suit for the sum of money owed on an open account. If the debt is for the non-payment of an outstanding balance on a credit card, then the creditor has ten (10) years to file a collection lawsuit against the debtor.
Limitations on enforcement of judgments. (a) On a judgment, execution may be issued within ten years after the date thereof.
- On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) Mistake, inadvertence, surprise, excusable neglect, or unavoidable cause; (2) newly discovered evidence which by due diligence could not ...
- When a pleader fails to set up a counterclaim through oversight, inadvertence, or excusable neglect, or when justice requires the pleader, he may by leave of court set up the counterclaim by amendment. (g)Cross-claim against co-party.
As the name suggests, a Rule 68 Offer of Judgment is, in fact, an offer permitting a plaintiff to accept and enter a judgment against a defendant on specified terms, subject to the court's approval of the settlement via Rule 68.
