Rule 69 of the Nevada Rules of Civil Procedure provides as follows:
(a) In General. Process to enforce a judgment for the payment of money shall be a writ of execution, unless the court directs otherwise. The procedure on execution, in proceedings supplementary to and in aid of a judgment, and in proceedings on and in aid of execution shall be in accordance with the practice and procedure of the State. In aid of the judgment or execution, the judgment creditor or a successor in interest when that interest appears of record, may obtain discovery from any person, including the judgment debtor, in the manner provided in these rules.
Title: Understanding Clark Nevada Motion for Order Allowing Examination of Judgment Debtor with Supporting Affidavit: Types and Procedures Introduction: A Clark Nevada Motion for Order Allowing Examination of Judgment Debtor with Supporting Affidavit is an integral part of the legal process, designed to ensure the fair and timely collection of judgments by allowing creditors to investigate the financial circumstances of the judgment debtor. This comprehensive guide will delve into the various types of Clark Nevada Motions for Order Allowing Examination of Judgment Debtor and outline the necessary steps and supporting affidavits involved. 1. Clark Nevada Motion for Order Allowing Examination of Judgment Debtor: The Clark Nevada Motion for Order Allowing Examination of Judgment Debtor is a formal request made by a judgment creditor to the court. It seeks permission to examine the judgment debtor's financial records, assets, and other relevant documents in order to facilitate the collection of the owed judgment amount. 2. Supporting Affidavit: The Supporting Affidavit is an essential component of the motion. It is a sworn statement provided by the judgment creditor, outlining details such as the amount owed, the nature of the judgment, and reasons why an examination is necessary. The supporting affidavit acts as evidence supporting the creditor's request for an examination. Types of Clark Nevada Motions for Order Allowing Examination of Judgment Debtor: 1. Prejudgment Examination Motion: This type of motion is filed before a judgment is obtained and aims to gather information about the judgment debtor's financial status to assess the potential for recovery if a judgment is successfully obtained. 2. Post-judgment Examination Motion: Once a judgment has been obtained, this motion is filed to initiate an examination of the judgment debtor's financial records and assets to determine the feasibility of recovery and identify potential sources of payment. 3. Supplementary Examination Motion: In cases where the initial examination is inconclusive or insufficient, the judgment creditor can file a supplementary examination motion. It allows for further investigation into the judgment debtor's financial situation and uncovers any undisclosed assets or financial discrepancies. Procedures Involved in a Clark Nevada Motion for Order Allowing Examination of Judgment Debtor: 1. Filing the Motion: The judgment creditor or their attorney prepares and files the Motion for Order Allowing Examination of Judgment Debtor with the court. The motion has to be accompanied by a supporting affidavit, which outlines the creditor's reasons for requesting the examination. 2. Service of Motion and Notice: Once the motion is filed, it must be served upon the judgment debtor. Proper service ensures that the judgment debtor has adequate time to respond and appear for the examination. 3. Response from the Judgment Debtor: After being served with the motion, the judgment debtor has an opportunity to respond by filing an opposition or requesting a hearing. This step allows the court to consider any objections raised by the judgment debtor. 4. Court Decision: Based on the motion, supporting affidavit, and any objections raised, the court will review the case and make a decision regarding the examination. If the court grants the motion, an order will be issued specifying the examination details. Conclusion: A Clark Nevada Motion for Order Allowing Examination of Judgment Debtor with Supporting Affidavit plays a crucial role in the judgment collection process. By providing creditors with a legal framework to investigate a judgment debtor's financial circumstances, these motions ensure fairness and expediency in collecting outstanding debts. Understanding the different types of motions and following the prescribed procedures is essential for successful judgment recovery.
