Mesa Arizona Order for Appearance in Supplemental Proceedings

State:
Arizona
City:
Mesa
Control #:
AZ-JDMT-10
Format:
Word; 
Rich Text
Instant download

Description

An Order is an official written statement from the court commanding a certain action, and is signed by the judge. Failure to comply with the order is unlawful and may result in contempt of court charges. This document, a sample Order for Appearance in Supplemental Proceedings, can be used as a model to draft an order requested for submission by the court (the court often directs a party to draft an order). Adapt the language to the facts and circumstances of your case. Available for download now in standard format(s).

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FAQ

Description. A writ of execution is a process issued by the court directing the U.S. Marshal to enforce and satisfy a judgment for payment of money. (Federal Rules of Civil Procedure 69).

Noun C plural writs of execution. LAW. a court order that gives an official the right to do something such as take a person's property in order to pay someone the money that person owes them: If a defendant refuses to pay damages, the judgment can be enforced by issuing a writ of execution.

Section 94 ? Supplemental Proceedings appoint a receiver of any property and enforce the performance of his duties by attaching and selling his property; make such other interlocutory orders as may appear to the Court to be just and convenient.

A Special Execution directs the Constable or Sheriff to sell or deliver certain specific property to the party who the judge has decided is entitled to it (see A.R.S. §12-1552). There are two types of executions, which may be used by the Judgment-Creditor, depending on the type of judgment in the particular case.

The process of execution takes the form of a warrant or writ of execution. The terms warrant and write are used indiscriminately, but warrant usually connotes a warrant of arrest while a writ is used for the attachment of goods. The word writ is commonly used in the Supreme Court.

SECTION 1. Execution Upon Final Judgment or Order. - A writ of execution may be issued motu proprio or on motion upon a decision or order that has become final and executory.

Once issued, the writ of execution directs the sheriff to seize the non-exempt property and sell it. The proceeds of the sale are given to the creditor to satisfy all or part of the judgment.

WRIT OF EXECUTION/MONEY JUDGMENT If you win your case and the judgment debtor does not pay you the amount owed within 30 days after entry of the judgment and there is no appeal pending, then you will have to place a levy on wages or property of the judgment debtor to collect the money owed to you.

The writ of execution expires 180 days after the issuance. Garnishment is the method of levy in which the Sheriff serves a copy of the writ, notice of levy and memorandum of garnishee on the financial institution.

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Mesa Arizona Order for Appearance in Supplemental Proceedings