[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Debtor's Name] [Debtor's Address] [City, State, ZIP] Subject: Second Motion for Examination of Judgment — Debtor Dear [Debtor's Name], I hope this letter finds you well. I am writing to inform you that despite previous efforts, the outstanding judgment against you has not been satisfied. As a result, it is necessary to request your presence for a second examination regarding your financial situation. As you are aware, in [Case Number], a judgment was issued in favor of [Creditor's Name] in the amount of [Judgment Amount] by the [Court Name] in the District of Columbia. The judgment was concluded on [Date]. However, it has come to our attention that the judgment remains unpaid. In accordance with the provisions of the [applicable law or rule], we have already conducted an initial examination of your financial information. Unfortunately, the information provided at that time did not prove to be sufficient for the creditor to collect the outstanding amount. Therefore, pursuant to [District of Columbia Code or Rule], we are requesting your cooperation in attending a second examination hearing. The purpose of this examination is to obtain updated information regarding your current financial circumstances and any potential assets that may be available for the satisfaction of the judgment. Please be prepared to disclose, in detail, any changes to your employment situation, income, bank accounts, ownership of property, or other sources of funds. You should also bring any relevant financial documents that will help assess your financial status accurately. The second examination hearing is scheduled to take place on [Date], at [Time], in [Court Name], located at [Court Address]. It is essential that you attend this hearing as failure to do so may result in further legal action, including the possibility of additional fines or sanctions. Should you have any questions or concerns leading up to the examination hearing, please do not hesitate to contact me at [Phone Number] or [Email Address]. I highly recommend seeking legal advice to ensure you are well-prepared for the hearing. Your prompt cooperation in resolving this matter would be greatly appreciated. We look forward to your presence at the examination hearing to bring this case to a satisfactory conclusion. Sincerely, [Your Name] [Your Title] [Your Law Firm/Organization Name] CC: [Creditor's Attorney Name] [Court Name] [File Copy]
District of Columbia Sample Letter for Second Motion for Examination of Judgment - Debtor
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How to fill out Sample Letter For Second Motion For Examination Of Judgment - Debtor?
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Scope is the extent of discovery that parties agree to provide in a case. The general scope of discovery under Federal Rule of Civil Procedure 26(b)(1) includes information that is relevant, nonprivileged, and proportional.
Instead, the rules of evidence are sprinkled throughout the D.C. Code, particularly Title 14, and the Rules of Civil and Criminal Procedure.
Post-Judgment Interrogatories allow the prevailing party to ascertain what assets, if any, the judgment debtor has to satisfy the judgment debt.
When service is made by mail, proof of service shall include a receipt signed by the addressee or other evidence of personal delivery to the addressee satisfactory to the court.
The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion.
If you do not answer the questions by the deadline, which is usually about a month, the other side could ask the judge to order you to respond to the interrogatories. If you miss the second deadline, the judge could impose a fine against you or strike your pleadings.
Post-Judgment Discovery This process is used to obtain information directly from the judgment debtor about his or her non-exempt assets. Similar to turnover orders, this method exposes the judgment debtor to the same types of penalties and sanctions to compel compliance.
Post-judgment discovery typically consists of interrogatories and requests to produce. The interrogatories are questions designed to uncover any assets the debtor may possess or has recently possessed. The request to produce forces the debtor to produce specific documents in order to verify assets.
