Proceedings Supplemental Flashcards
Proceedings Supplemental in General
Used if debtor does not pay once creditor has obtained civil judgment
Proceedings determine if debtor has income or property that could be used to satisfy the judgment
Procedure
(1) File motion
(2) Service on debtor
(3) Hearing
Procedure: File Motion
Following proper motion, court must order debtor to appear for a hearing
Procedure: Service on Debtor
Creditor must serve the motion, with the court order and related documents, on the debtor or the third party
Procedure: Hearing
Creditor can ask debtor or inform court about debtor’s ability to pay
Judge may order:
(1) Debtor pay judgment in full or installments
(2) Garnishment of debtor’s earnings
(3) Execution against debtor’s personal property
(4) Debtor to provide more information or reappear in future