San Diego California Sample Letter for Second Motion for Examination of Judgment - Debtor

• Category: Letters - Legal - Motions
• State: Multi-State
• County: San Diego
• Control #: US-0309LTR
• Format: Word; Rich Text

Description

This form is a sample letter in Word format covering the subject matter of the title of the form. [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [Address of the Court] [City, State, ZIP] Re: Case Number: [Case Number] [Plaintiff's Name] vs [Debtor's Name] Dear Judge [Judge's Last Name], I hope this correspondence finds you in good health and high spirits. I am writing this letter regarding the above-mentioned case in order to submit a Second Motion for Examination of Judgment — Debtor. The purpose of this motion is to request a thorough examination of the debtor's assets and financial circumstances to aid in the enforcement of the judgment already issued. The initial judgment was entered on [Date] in favor of the plaintiff [Plaintiff's Name] against the defendant [Debtor's Name]. Despite the court granting this judgment, the debtor has persistently failed to fulfill their financial obligations and has evaded attempts to locate assets for satisfying the judgment amount. Under California law, Code of Civil Procedure section 708.110, the plaintiff has a right to seek a comprehensive examination of the debtor's assets in an effort to procure the awarded amount. This motion is submitted in accordance with the aforementioned regulation and, therefore, requests the court to authorize an examination of the debtor. To assist the court in making an informed decision, we have attached supporting evidence demonstrating the debtor's significant non-cooperation, including: 1. Affidavits from process servers detailing unsuccessful attempts to serve the debtor with a notice of examination. 2. Copies of unanswered letters sent to the debtor, requesting compliance with the judgment. 3. Documentation revealing the debtor's lack of financial transparency in disclosing assets and income. By conducting a thorough examination, we seek to uncover any undisclosed assets, employment, or other financial resources that can be used to satisfy the outstanding judgment debt. This examination will greatly assist the plaintiff in their efforts to enforce the court's decision and recoup the unpaid amount. Considering the debtor's history of evasion, it is crucial for a rigorous examination to be conducted under the supervision of the court. We firmly believe that this motion deserves your attention and intervention in the interest of justice and ensuring equal treatment under the law. We kindly request the court's prompt consideration and a hearing to discuss this matter further. Should the court require any additional documentation or information, we are readily available to provide the same. Thank you for your attention to this matter. We look forward to your favorable decision on this Second Motion for Examination of Judgment — Debtor and an opportunity to rectify the ongoing noncompliance with the judgment. Sincerely, [Your Name]

[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [Address of the Court] [City, State, ZIP] Re: Case Number: [Case Number] [Plaintiff's Name] vs [Debtor's Name] Dear Judge [Judge's Last Name], I hope this correspondence finds you in good health and high spirits. I am writing this letter regarding the above-mentioned case in order to submit a Second Motion for Examination of Judgment — Debtor. The purpose of this motion is to request a thorough examination of the debtor's assets and financial circumstances to aid in the enforcement of the judgment already issued. The initial judgment was entered on [Date] in favor of the plaintiff [Plaintiff's Name] against the defendant [Debtor's Name]. Despite the court granting this judgment, the debtor has persistently failed to fulfill their financial obligations and has evaded attempts to locate assets for satisfying the judgment amount. Under California law, Code of Civil Procedure section 708.110, the plaintiff has a right to seek a comprehensive examination of the debtor's assets in an effort to procure the awarded amount. This motion is submitted in accordance with the aforementioned regulation and, therefore, requests the court to authorize an examination of the debtor. To assist the court in making an informed decision, we have attached supporting evidence demonstrating the debtor's significant non-cooperation, including: 1. Affidavits from process servers detailing unsuccessful attempts to serve the debtor with a notice of examination. 2. Copies of unanswered letters sent to the debtor, requesting compliance with the judgment. 3. Documentation revealing the debtor's lack of financial transparency in disclosing assets and income. By conducting a thorough examination, we seek to uncover any undisclosed assets, employment, or other financial resources that can be used to satisfy the outstanding judgment debt. This examination will greatly assist the plaintiff in their efforts to enforce the court's decision and recoup the unpaid amount. Considering the debtor's history of evasion, it is crucial for a rigorous examination to be conducted under the supervision of the court. We firmly believe that this motion deserves your attention and intervention in the interest of justice and ensuring equal treatment under the law. We kindly request the court's prompt consideration and a hearing to discuss this matter further. Should the court require any additional documentation or information, we are readily available to provide the same. Thank you for your attention to this matter. We look forward to your favorable decision on this Second Motion for Examination of Judgment — Debtor and an opportunity to rectify the ongoing noncompliance with the judgment. Sincerely, [Your Name]