Dear [Debtor's Name], Subject: Second Motion for Examination of Judgment — Debtor I hope this letter finds you well. We are writing to inform you about the pending issue regarding the judgment against you and to request your presence at an examination hearing. This Second Motion for Examination of Judgment — Debtor is crucial in order to assess your current financial situation and explore potential methods of repayment. As you may be aware, a judgment was entered against you in [court name] on [date], wherein you were ordered to fulfill certain financial obligations. However, it has come to our attention that the judgment remains unpaid, despite multiple attempts to resolve the matter amicably. Therefore, pursuant to the laws of Alabama, we hereby file the Second Motion for Examination of Judgment — Debtor with the intention of examining your current financial status, assets, and any potential income sources. This step is essential to determine the most feasible and appropriate course of action, including potential payment plans or asset seizure, to satisfy the outstanding judgment. We kindly request your presence at the examination hearing scheduled to be held on [date] at [time] at [court address]. During this hearing, you will be required to provide all necessary financial records, such as bank statements, tax returns, pay stubs, and any other relevant documentation that will aid in assessing your financial situation accurately. It is important to note that your presence at the examination hearing is mandatory by law. Failure to attend without reasonable cause may result in additional legal consequences, including contempt of court. If you believe that attending the examination hearing is burdensome due to exceptional circumstances, we urge you to contact our office immediately to discuss possible alternative arrangements. We strongly advise seeking legal counsel to ensure your rights are protected throughout this process. We understand that facing financial challenges can be daunting, but we are committed to finding a fair resolution for all parties involved. Compliance with this Second Motion for Examination of Judgment — Debtor is a vital step towards achieving this goal. Should you have any queries or require further clarification regarding this matter, please do not hesitate to contact our office at [phone number] or [email address]. We encourage you to act promptly to avoid any unforeseen consequences. Thank you for your attention to this matter. Sincerely, [Your Name] [Your Title/Organization] [Address] [City, State, ZIP] [Phone Number] [Email Address] Keywords: Alabama, Second Motion for Examination of Judgment — Debtor, judgment, financial obligations, repayment, financial situation, assets, income sources, payment plans, asset seizure, outstanding judgment, examination hearing, court address, financial records, bank statements, tax returns, pay stubs, legal consequences, contempt of court, exceptional circumstances, legal counsel, fair resolution.
Alabama Sample Letter for Second Motion for Examination of Judgment - Debtor
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FAQ
Statute of Limitations & Judgments Collection suits are generally based on breach of contract or stated account, both of which fall under the six (6) year statute of limitations provided in Alabama Code Section 6-2-34. Actions for open or unliquidated account must be brought within three years.
If you owe state tax debt, the statute of limitation is 10 years. If you owe credit card or auto loan debt, the statute is 3-4 years. Medical debt and mortgage debt don't run out until 6 years later.
Rule 55(b)(1) allows the clerk to enter default judgment only when the claim is for a sum certain or a sum which can by computation be made certain. Rule 55(b)(2) relegates the entry of the default judgment to the court in all other cases.
You are not allowed to pay any debts of the Decedent unless a written claim is filed in Court. Creditors have six months from the date the Estate is opened to file a claim with the Court; however, if you fail to timely give the ?notice? discussed in paragraph 4 above, this time may be extended.
In Alabama, money judgements last up to 20 years (Ala. Code § 6-9-190). But judgments are generally only enforceable for 10 years (Ala. Code § 6-9-191), and then they're renewed for another 10 years if the judgment debtor still hasn't paid the debt.
In most cases, the statute of limitations for a debt will have passed after 10 years. This means a debt collector may still attempt to pursue it (and you technically do still owe it), but they can't typically take legal action against you.
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, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered ...
The writ of execution delivered to you along with this Notice means that certain property belonging to you may be taken from you and sold to collect a court judgment against you.
