Title: Tennessee Sample Letter for Second Motion for Examination of Judgment — Debtor Introduction: In Tennessee, when a judgment has been entered against a debtor, it may be necessary to file a motion for examination to gather information on their assets and financial situation. This sample letter serves as a guide for drafting a second motion for examination of the judgment debtor. Below, we will discuss the purpose and content of this motion, as well as any potential variations based on specific circumstances. Keywords: Tennessee, sample letter, second motion, examination, judgment, debtor. Content: 1. Purpose of a Second Motion for Examination of Judgment — Debtor— - A second motion for examination of a judgment debtor is typically filed when the first motion does not yield sufficient information or if the debtor has failed to comply with the initial request. — The purpose is to gather information about the debtor's assets, bank accounts, income sources, employment, or any other relevant information to facilitate the collection of the judgment debt. 2. Components of the Sample Letter: — Heading: Include your name, address, and contact information, followed by the court's name and address. — Salutation: Greet the court respectfully, addressing the judge appropriately. — Introduction: State your name, your attorney's name (if applicable), and indicate that you are the judgment creditor seeking to collect your judgment debt. — Reference: Mention the previous motion for examination, including the date it was filed and the case number for easy reference. — Explanation of Need for a Second Motion: Describe concisely why a second motion is necessary, such as the debtor's failure to comply or inadequate response in the first motion. — Request for the Second Motion: Clearly state your request for a second motion for examination of the judgment debtor, requesting the court's approval to proceed. — Supporting Facts: Summarize any relevant facts or circumstances that support your case for the examination. Provide details about any efforts made to collect the judgment debt thus far. — Document Attachments: List any supporting documents or evidence that you are enclosing with the letter, such as the first motion for examination, any related court orders, or certified mail receipts of previous communications with the debtor. — Closing: Express gratitude for the court's attention to the matter and provide your contact information for any further queries. Types of Tennessee Sample Letters for Second Motions: 1. Second Motion for Examination of Judgment Debtor — Non-compliance Variation: This sample letter is used when the debtor has failed to comply with the first motion for examination, requiring a follow-up motion to extract the necessary information. 2. Second Motion for Examination of Judgment Debtor — Inadequate Response Variation: This sample letter is applicable if the debtor's response to the first motion was insufficient or incomplete, necessitating a second motion to gather further details. Conclusion: A well-drafted second motion for examination of a judgment debtor can serve as a valuable tool in collecting a judgment debt in Tennessee. By using appropriate keywords, this sample letter provides a framework to help creditors navigate the process effectively, whether dealing with a non-compliant debtor or incomplete responses. Remember to tailor the content based on the specific circumstances of your case to enhance its effectiveness.
Tennessee 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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6.01: By statute, "The time within which any act provided by law is to be done, shall be computed by excluding the first day and including the last, unless the last day is a Saturday, a Sunday, or a legal holiday, and then it shall also be excluded." Tenn. Code Ann. § 1-3-102.
A participant meets the Rule of 60 if his or her age plus full years of service equal at least 60 and he or she either: (i) is at least age 50 with at least five full years of service; or (ii) is under age 50 with at least 20 full years of service.
Specifically, Rule 69.04 of the Tennessee Rules of Civil Procedure provides that: Within ten years from the entry of a judgment, the creditor whose judgment remains unsatisfied may file a motion to extend the judgment for another ten years.
RULE 62. Except as otherwise provided in this rule, no execution shall issue upon a judgment, nor shall proceedings be taken for its enforcement until the expiration of 30 days after its entry.
4.04(1): Rule 4.04(1) provides that a defendant who evades or attempts to evade service of the summons and complaint may be served "by leaving copies thereof at the individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, whose name shall appear on the ...
Once a judgment lien is created by registration as provided in § 25-5-101(b), it will last for the time remaining in a ten-year period from the date of final judgment entry in the court clerk's office.
RULE 60. Clerical mistakes in judgments, orders or other parts of the record, and errors therein arising from oversight or omissions, may be corrected by the court at any time on its own initiative or on motion of any party and after such notice, if any, as the court orders.
No later than 28 days after the entry of judgment, the court, on its own, may order a new trial for any reason that would justify granting one on a party's motion. After giving the parties notice and an opportunity to be heard, the court may grant a timely motion for a new trial for a reason not stated in the motion.
