[Your Name] [Your Address] [City, State, ZIP] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP] Subject: Second Motion for Examination of Judgment — Debtor [Case Number] Dear [Recipient's Name], I hope this letter finds you well. I am writing to bring to your attention that I am filing a Second Motion for Examination of Judgment — Debtor in relation to case [Case Number] in the state of Idaho. I kindly request your prompt attention to this matter. In accordance with the Idaho Code of Civil Procedure, I am seeking a second examination of the judgment debtor's assets and financial affairs. Following our previous motion for examination, the debtor has failed to comply with their obligations to disclose relevant information and assets. In order to effectively address the outstanding judgment, it is imperative to thoroughly investigate the debtor's financial situation. The information obtained through this examination will assist in determining the best course of action for enforcing the judgment and recovering the owed amount. The Second Motion for Examination of Judgment — Debtor is an important legal step that aims to ensure the fair and just resolution of the case. By providing this motion, I aim to protect my rights as a judgment creditor and pursue the collection of the outstanding debt. I kindly request the court to schedule a hearing for the Second Motion for Examination of Judgment — Debtor at the earliest convenience. This will allow for a thorough inquiry into the debtor's financial circumstances and facilitate a fair determination regarding the enforcement of the judgment. In the event that the court grants this motion, I kindly request that the judgment debtor is duly notified of the hearing date. This will allow them ample time to provide the necessary documentation and appear before the court to address their financial situation. A favorable ruling on this motion will enable me to proceed with the necessary legal actions to execute the judgment. It is my sincere hope that, by seeking this examination, we can come to a resolution and bring this matter to a close. Thank you for your attention to this matter. I am confident that the court will consider this Second Motion for Examination of Judgment — Debtor thoroughly and fairly. If you require any further information or documentation, please do not hesitate to contact me. Yours sincerely, [Your Name]
Idaho Sample Letter for Second Motion for Examination of Judgment - Debtor
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FAQ
A creditor must collect on the debt within five years after a court issues a judgment, although a creditor can renew a judgment for additional five year periods. If the creditor does not collect on or renew the judgment within the five year period, they cannot force the debtor to pay...
Action on oral contract. Within four (4) years: An action upon a contract, obligation or liability not founded upon an instrument of writing.
For collection of a debt on an account, where there is an agreement in writing, the statute of limitations is five years. (Refer to §5-216.) For collection of a debt on an account, where there is an oral agreement, the statute of limitations is four years. (Refer to §5-217.)
A judgment lien in Idaho will remain attached to the debtor's property (even if the property changes hands) for five years.
You may be asked about your: Property; Assets; Debts; and Income. The purpose of the questions is to allow the person or business with the money judgment against you to find a way to get the judgment paid.
INSTRUCTIONS FOR FILING A FOREIGN JUDGMENT IN IDAHO A judgment from another state is called a ?foreign judgment.? The person who owes the judgment is called the judgment debtor.
A lien resulting from a judgment continues for ten years. Idaho Code § 10-1110. The judgment may be renewed and the lien continued for an additional ten years. Idaho Code § 10-1111.
Section 2333.09 | Order for examination of a judgment debtor. A judgment creditor shall be entitled to an order for the examination of a judgment debtor concerning his property, income, or other means of satisfying the judgment upon proof by affidavit that such judgment is unpaid in whole or in part.
