South Dakota Sample Letter for Second Motion for Examination of Judgment - Debtor
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How to fill out Sample Letter For Second Motion For Examination Of Judgment - Debtor?
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FAQ
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.
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. What do the questions cover? The questions are limited to inquiries about your property, assets, debts, and income.
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.
If the liability of one party to another has been determined by verdict or order or judgment, but the amount or extent of the liability remains to be determined by further proceedings, the party adjudged liable may make an offer of judgment, which shall have the same effect as an offer made before trial if it is served ...
See SDCL 15-26A-3. A motion for reconsideration is not a separate and appealable order. Rather, it is ?an invitation to the court to consider exercising its inherent power to vacate or modify its own judgment.? Breeden v. , 598 NW2d 441, 444 ( 1999).
If you are served with papers requiring you to appear for a debtor's examination, you can legally avoid it in some of the following ways: paying the judgment off in full. making alternative payment arrangements with the judgment creditor, or. filing bankruptcy, if you're eligible.
Usually, the Judgment Creditor will only ask questions about: (i) whether you own any assets and bank accounts; (ii) how much other debt you owe and to who; and (iii) your employment information including your income and where you work.
