A Nevada Affidavit and Motion for Examination for Judgment Debtor is a legal document used in the State of Nevada to collect a debt. It is a request to the court to order a debtor to appear in court to answer questions under oath regarding their assets and liabilities. The document is signed by the creditor and notarized before it is filed with the court. There are two types of Nevada Affidavit and Motion for Examination for Judgment Debtor: a standard form and a customized form. The standard form is used when the creditor does not have any specific questions they wish to ask the debtor during the examination. The customized form is used when the creditor has specific questions they wish to ask the debtor. In either case, the document must clearly state the name of the creditor and debtor, the case number, and the amount of the judgment. The document must also include the date and time of the hearing and the address of the court where the debtor will be required to appear. Once the document is filed with the court, the court will issue a summons to the debtor, directing them to appear in court at the specified time and date. At the hearing, the creditor will have an opportunity to question the debtor about their assets and liabilities. The debtor is required to answer all questions truthfully and accurately or risk being found in contempt of court.
Nevada Affadavit and Motion for Examination for Judgment Debtor
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How to fill out Nevada Affadavit And Motion For Examination For Judgment Debtor?
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FAQ
Under Nevada law, some of the types of income and property that a creditor cannot take to pay a judgment include: Money or payments received pursuant to the federal Social Security Act, including retirement, disability, survivors' benefits, and SSI. (NRS 21.090(1)(y) and 42 U.S.C. § 407(a).)
If the process is correctly followed, the renewed judgment will be valid for six years. Additionally, the judgment can essentially be continually renewed forever, following the same procedure of renewal prior to expiration of the renewed judgment.
Asks the court to order, and orders the judgment debtor or a third party holding the judgment debtor's property to appear at court to answer your questions about their finances to help you learn how you might collect your judgment.
Your questions at the examination might relate to such things as where the debtor works, where he banks, what types of property he owns, where that property is located, and the like.
When a person against whom a monetary judgment has been entered, the person owes a judgment debt. This party will be a judgment debtor. The party who the judgment debtor owes money to is the judgment creditor. The judgment creditor has the right to collect the judgment debt.
Be sure to think about the answers to these questions. They may help you think of other questions to ask. What's your home address? What's your home telephone number? Are you married or do you have registered domestic partnership?Do you live in a rented apartment?
A judgment debtor examination is a court proceeding created by law where the party who has obtained a judgment in court is entitled to ask questions of the person who owes that judgment.
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.