Mississippi Motion for Examination of Judgment Debtor

State:
Mississippi
Control #:
MS-60709
Format:
Word; 
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Description

A motion is a written request to the court to take a certain action. The court will either grant or deny the motion in accordance with law and court rules. This document, a Motion for Examination of Judgement Debtor, is a model motion requesting the named action from the court (or a general motion form). Adapt to fit your facts and circumstances. Available for download now in standard format(s). USLF control no. MS-60709
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FAQ

A Judgment Debtor Summons is a summons issued by the court to be served on the Judgment Debtor to compel the Judgment Debtor to appear in court to provide information about his assets and how they can be disposed of to settle the judgment debt.

To obtain a debtor examination, the creditor must file an Application and Order for Appearance and Examination. The court will then schedule the examination for a specific date and time, and issue an order requiring the debtor's appearance.

A debtor's examination is a special proceeding used by judgment creditors to look into ways it can collect a judgment from you, such as using a wage garnishment or attaching funds in a bank account. However, many judgment creditors use debtor's exams to pressure you to pay a debt.

A debtor's examination is a special proceeding used by judgment creditors to look into ways it can collect a judgment from you, such as using a wage garnishment or attaching funds in a bank account. However, many judgment creditors use debtor's exams to pressure you to pay a debt.

In English and American law, a judgment debtor is a person against whom a judgment ordering him to pay a sum of money has been obtained and remains unsatisfied.

An Order of Examination is a court process to aid enforcement of a monetary judgment. The party being examined will be required to furnish information to aid in the enforcement of a monetary judgment. The Judgment Creditor or their representative may ask questions relating to: Personal financial assets.

Once a creditor has a court judgment against a debtor, the creditor can ask to have an examination of the debtor. This is a hearing to gather information about the debtor's financial situation and have an order made.

The person in whose favour a decree is passed is called decree-holder and against whom the decree is passed is judgement debtor. There are various ways under civil law by which a decree can be passed. One such way is arrest and detention.

The main ways to legally avoid appearing at a debtor examination are to pay off the debt or reach a settlement with the creditor that provides a way for paying back the debt. You also may be able to avoid the examination by filing for bankruptcy, which will trigger an automatic stay of collection efforts.

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Mississippi Motion for Examination of Judgment Debtor