[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Receiver's Name] [Receiver's Address] [City, State, ZIP] Subject: Second Motion for Examination of Judgment — Debtor Dear [Receiver's Name], I hope this letter finds you in good health. I am writing to submit a Second Motion for Examination of Judgment — Debtor concerning our previous claim against [Debtor's Name], in accordance with the laws and regulations of the state of Hawaii. I would like to provide a detailed overview of the situation underlying this request. It pertains to [Case Number] and concerns a judgment against [Debtor's Name] obtained by [Creditor's Name] on [Date of Original Judgment]. Despite the issuance of the judgment, the debtor has failed to fulfill their obligations, preventing us from recovering the amount owed. By filing this Second Motion, we seek the court's assistance in ordering a thorough examination of the debtor's financial standing, assets, and any other relevant information that could facilitate the satisfaction of the outstanding judgment. This process allows us to determine if there are sufficient resources for payment and, if so, to initiate appropriate legal action to ensure the fulfillment of the judgment. There are various circumstances where a Second Motion for Examination of Judgment — Debtor may be applicable in Hawaii. Some scenarios encompass situations where: 1. The debtor concealed or failed to disclose assets during the initial examination. 2. The debtor's financial situation has significantly changed since the original judgment. 3. The debtor has not adhered to the court's orders or payment plans established after the judgment. 4. There is suspicion of fraudulent conveyance or dissipation of assets to avoid satisfying the judgment. 5. The creditor discovers new information or evidence that warrants a reexamination of the debtor's financial status. We believe that pursuing this Second Motion for Examination of Judgment — Debtor is crucial to protect the rights and interests of the creditor involved, ensuring fair and just resolution within the legal framework. Enclosed with this letter, please find all the necessary supporting documents, including the original judgment, any subsequent court orders, and any relevant communication related to this case. We kindly request that you handle this matter with due diligence and schedule a hearing as soon as possible to address this urgent issue promptly. Should you require any additional information or documentation, please do not hesitate to contact me at [Your Phone Number] or via email at [Your Email Address]. Thank you for your attention to this matter. Yours sincerely, [Your Name] [Your Title/Position] [Organization Name]
Hawaii Sample Letter for Second Motion for Examination of Judgment - Debtor
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(A) Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, ...
Rule 25 - Substitution of Parties (a) Death. (1) If a party dies and the claim is not thereby extinguished, the court shall on motion order substitution of the proper parties. If substitution is not so made, the action shall be dismissed as to the deceased party.
Rule 30 - Depositions upon Oral Examination (a) When Depositions May Be Taken; When Leave Required. (1) After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon oral examination.
Federal Rule of Civil Procedure 26(a)(1) requires that each party provide ?initial disclosures? to the other parties in writing without waiting for a formal request.
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 ...
(A) Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, ...
Any party may file a written response in opposition to a motion within 5 days after service of the motion, but the appellate court may extend or shorten the time for responding to any motion as provided in Rule 26(b) and (d)of these Rules.
An action may be dismissed with prejudice sua sponte with written notice to the parties for want of prosecution where all defendants are in default and if the plaintiff fails to obtain entry of default and fails to apply for default judgment within six months after all defendants are in default.
