[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP] Subject: Second Motion for Examination of Judgment — Debtor Dear [Recipient's Name], I hope this letter finds you well. I am writing to bring to your attention the matter of a judgment debtor who owes a debt and has failed to make reasonable efforts to satisfy it. As per the provisions mentioned in the South Dakota Statutes, Section [Enter Section Number], I hereby file a second motion for examination concerning this debtor. I have made several attempts to collect the outstanding debt from the aforementioned debtor, but all efforts have been in vain. It has become evident that the debtor, [Debtor's Name], has been actively evading his/her financial obligations with no valid reason for the default. Hence, I believe that a thorough investigation is required to determine the debtor's ability to pay, assets held, and any other relevant information necessary to enforce the judgment and recover the owed amount. As per the South Dakota Statutes, Section [Enter Section Number], a motion for examination is a lawful procedure to compel the debtor to provide information under oath regarding their finances. By exercising this right, I request the court to summon the debtor to a hearing in order to facilitate the examination process. The information gained from this examination will help guide me in pursuing further legal actions to collect the due debt. I kindly request that the court set a date for the hearing, ensuring ample notice is provided to the debtor. In advance of the hearing, I will prepare a list of questions to ask the debtor and any supporting evidence I may have. I am prepared to cooperate fully with the court and provide any necessary documents to assist in the proceedings. I propose that the hearing takes place within [Enter Timeframe, e.g., 30 days] from the date of this letter to expedite the resolution of this matter. Furthermore, I appreciate your understanding and attention to this issue, as diligent action is essential to ensure the debtor's accountability and protect the rights of the creditor. Please find enclosed a copy of the judgment order and any supporting documentation that may be of relevance to the case. Should you require any additional information or documentation, please do not hesitate to reach out to me via the contact details provided above. Thank you for your prompt attention to this matter. I look forward to hearing back from you regarding the scheduling of the hearing and updates related to this case. Yours sincerely, [Your Name]
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.
