Mississippi Motion for Examination of Judgment Debtor
Overview of this form
The Motion for Examination of Judgment Debtor is a legal document used to request a court action related to the examination of a person who has been ordered to pay a judgment. This form allows a creditor to seek more information about the debtor’s assets and financial situation, which is essential for enforcing a judgment. Unlike similar forms, this one specifically targets the examination process regarding judgment debtors, ensuring that creditors can pursue the necessary legal actions to collect their debts.
Key components of this form
- Identifying information for both the judgment creditor and debtor.
- A statement detailing the lack of prior examinations of the debtor.
- Request for the court to schedule a hearing for examination.
- Signature and date fields for the filing party.
State-specific compliance details
This Motion for Examination of Judgment Debtor complies with Mississippi legal requirements, particularly referencing Section 13-1-261 of the Mississippi Code of 1972, which governs the examination of judgment debtors.
When to use this document
This form is typically used when a judgment creditor seeks to better understand the financial circumstances of a judgment debtor who has not cooperated with prior requests for information. It is useful in situations where the creditor believes the debtor has hidden assets or is otherwise not complying with the court's judgment.
Who can use this document
- Creditors seeking to enforce a judgment against a debtor.
- Legal representatives acting on behalf of a creditor.
- Individuals or businesses who have obtained a court judgment and require more information from the debtor.
How to prepare this document
- Identify the parties involved: Fill in the judgment creditor’s and debtor’s names and contact information.
- State the reason for the motion: Detail the lack of previous examinations within the specified timeframe.
- Request a court hearing date: Indicate your request for the court to schedule the examination.
- Sign and date the motion: Ensure that all required signatures are completed before submitting.
Does this form need to be notarized?
In most cases, this form does not require notarization. However, some jurisdictions or signing circumstances might. US Legal Forms offers online notarization powered by Notarize, accessible 24/7 for a quick, remote process.
Typical mistakes to avoid
- Failing to identify all parties accurately.
- Not including necessary supporting documentation or evidence.
- Omitting signatures or dates on the form.
Why use this form online
- Convenient access from anywhere, allowing for easy download and completion.
- Editable templates that can be customized to fit individual circumstances.
- Reliable resources drafted by licensed attorneys to ensure compliance with legal standards.
Main things to remember
- The Motion for Examination of Judgment Debtor allows creditors to request a court examination of the debtor's financial details.
- Proper completion and filing of this form can facilitate the collection of owed funds.
- Judgment creditors must have been unable to reach the debtor for examination for a minimum of six months before filing this motion.
Form popularity
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.
