Sample Letter for Second Motion for Examination of Judgment - Debtor
What is this form?
The Sample Letter for Second Motion for Examination of Judgment - Debtor is a legal template that serves individuals seeking to inquire about a debtorâs financial situation in connection with a judgment. This form facilitates communication with the court regarding a debtorâs assets and financial status, allowing a creditor to pursue collection of the judgment. It is distinct from other forms related to debt collection, as it specifically outlines a request for examination of the debtor under existing court orders.
Main sections of this form
- Date: The date on which the letter is being written.
- Recipient's information: Name, company, address, city, state, and zip code of the debtor.
- Subject line: Clearly states the nature of the correspondence.
- Statement of request: Specifies the request for a second examination of the debtor's judgment.
- Signature block: Area designated for the sender's signature and printed name.
When to use this document
This form should be used when a creditor has previously obtained a judgment against a debtor but requires additional information about the debtor's financial status. If there is reason to believe that the debtor is concealing assets or has not fully disclosed their financial situation, a second motion may be necessary. This letter initiates the formal process for the debtor to appear before the court to provide updated information regarding their financial circumstances.
Who needs this form
- Creditors seeking to collect on a judgment.
- Legal representatives acting on behalf of creditors.
- Individuals involved in debt recovery who need to pursue asset disclosures from debtors.
- Anyone who has initiated a legal claim previously and requires further examination of the debtor's assets.
How to prepare this document
- Enter the current date at the top of the letter.
- Fill in the debtor's name, address, city, state, and zip code in the designated areas.
- Clearly state the purpose of the letter in the subject line.
- Include a concise statement requesting the examination of the debtor's financial assets.
- Sign the letter in the signature block and print your name below.
Notarization guidance
Notarization is not commonly needed for this form. However, certain documents or local rules may make it necessary. Our notarization service, powered by Notarize, allows you to finalize it securely online anytime, day or night.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Common mistakes to avoid
- Failing to include the correct debtor's information, which can delay the process.
- Not specifying the nature of the request clearly, leading to confusion.
- Neglecting to sign the letter or leaving the signature incomplete.
- Failing to use a professional tone, which may undermine the requestâs seriousness.
Benefits of completing this form online
- Convenience: Access and complete the form from anywhere at any time.
- Editability: Easily customize the template to fit specific circumstances.
- Reliability: Forms are drafted by licensed attorneys, ensuring legal compliance.
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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.
