Colorado Sample Letter for Second Motion for Examination of Judgment - Debtor

State:
Multi-State
Control #:
US-0309LTR
Format:
Word; 
Rich Text
Instant download

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] [County Court Name] [County Court Address] [City, State, ZIP] Re: Second Motion for Examination of Judgment — Debtor Case Number: [Case Number] Dear Judge [Judge's Last Name], I hope this letter finds you in good health and high spirits. I am writing to request a Second Motion for Examination of Judgment relating to the aforementioned case number. As the judgment creditor in this matter, I seek your assistance in enforcing the judgment by compelling the debtor to provide information regarding their ability to pay the outstanding judgment amount. As per the previous motion [mention the first motion if applicable], the court granted an examination order to scrutinize the debtor's financial situation. However, to my utmost disappointment, the debtor failed to appear for the scheduled examination. This lack of cooperation impedes the enforcement of the judgment, and I believe a Second Motion for Examination of Judgment is necessary to ascertain the debtor's financial status and determine the most appropriate means of collecting the outstanding debt. I believe there are various types of Colorado Sample Letters for Second Motion for Examination of Judgment — Debtor, each catering to specific scenarios. These may include: 1. Non-Responsive Debtor: If the debtor has not responded or failed to comply with the initial examination order, this sample letter emphasizes the need for a second motion to enforce the judgment and compel the debtor's presence. 2. Change in Circumstances: If the debtor's circumstances have significantly changed since the first examination attempt, this sample letter highlights the importance of reassessing their financial status to ensure a fair and just resolution. 3. New Relevant Information: In case new information regarding the debtor's assets, income, or financial activities has surfaced since the last examination attempt, this sample letter proposes a second motion as an avenue to obtain this critical information. Given the debtor's noncompliance with the first examination order, I kindly request that the court issue a second motion for examination of judgment against the debtor. I humbly seek the court's guidance and intervention in this matter to safeguard my rights as the judgment creditor and facilitate the resolution of this case. Enclosed with this letter, please find a completed Request for Second Motion for Examination of Judgment form, along with any supporting documents substantiating the debtor's noncompliance with the previous examination order. Thank you for your attention to this matter. I look forward to your prompt consideration of this request and the court's subsequent actions to ensure justice is served in this case. Yours sincerely, [Your Name]

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FAQ

Having won a judgment, the creditor can levy bank accounts, garnish wages, and a receiver in a business in order to collect the debt. The creditor can make you show up in court and testify about your assets and their locations. 3. A judgment can grow after it's entered.

To revive a judgment a motion shall be filed alleging the date of the judgment and the amount thereof which remains unsatisfied. Thereupon the clerk shall issue a notice requiring the judgment debtor to show cause within 14 days after service thereof why the judgment should not be revived.

5(a) on a party represented by an attorney is made upon the attorney unless the court orders personal service upon the party. A resident attorney, on whom pleadings and other papers may be served, shall be associated as attorney of record with any out-of-state attorney practicing in any courts of this state.

1) Revival is requesting a court to reinstate the force of a dormant judgment?i.e. a judgment that was issued and has since lapsed or expired. Also referred to as renewal of judgment in some jurisdictions. Many state statutes lay out how an individual can go about reviving a dormant judgment.

If the debtor does not comply with the court order to pay you, your attorney can file a Transcript of Judgment to obtain a lien on their property so that it can be used in collection proceedings. ... You can obtain a Writ of Continuing Garnishment to garnish the debtor's wages until you are paid what you are owed.

Tells the court and others that a judgment has been paid in full or in part. Can be recorded with a county to release a lien against the judgment debtor's land or filed with the Secretary of State to release a lien against the debtor's personal property.

Here's a step-by-step walkthrough: Download and complete the required forms. These are available online on the Colorado court website. ... File the completed forms with the court. ... Provide the other party with a copy of the motion by mail. Wait for further updates from the court on hearings or direct rulings.

* You need to make sure to collect your money before your judgment expires. * If you were awarded a money judgment in County Court, it will expire 6 years from the date of the judgment. * If you were awarded a money judgment in District Court, it will expire 20 years from the date of the judgment.

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Colorado Rules of Civil Procedure, the Judgment Creditor can automatically issue the Form ... Complete the remaining two sections on the bottom portion of the ... Date: Signature of Declarant: Print/Type Name: I certify that this is a full, true, and correct copy of the original on file in this office.Search for national federal court forms by keyword, number, or filter by category. Forms are grouped into the following categories: Attorney, Bankruptcy, Civil, ... Registration of a Judgment in Another District Instructions; (PDF) ; Sample Motion (Blank) and Certificate of Service; (DOCX) ; Satisfaction of Judgment; (PDF)*. Rule 10. Form and Quality of Pleadings, Motions and Other Documents ........... Rule 11. Date: Signature of Declarant: Print/Type Name: ORDER FOR EXAMINATION TO JUDGMENT DEBTOR(S) AND/OR PERSON HAVING KNOWLEDGE OF JUDGMENT DEBTOR(S): YOU ARE ... You may complete a form online or you may ... Creditor. ❑ Upon receipt of your Motion, the clerk will complete the Notice to Show Cause for Revival of Judgment. Instead of appearing at the examination, you may file a notice of judgment debtor's financial affidavit in a form prescribed by the court and signed under ... Complete the Order on Motion for Examination of Judgment debtor in the same way. You must make sure the lower portion of the Order is completed. This includes  ... Instead of appearing at the examination, you may file a notice of judgment debtor's financial affidavit in a form prescribed by the court and signed under ...

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Colorado Sample Letter for Second Motion for Examination of Judgment - Debtor