Proceedings Supplemental Flashcards

1
Q

Proceedings Supplemental in General

A

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

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2
Q

Procedure

A

(1) File motion
(2) Service on debtor
(3) Hearing

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3
Q

Procedure: File Motion

A

Following proper motion, court must order debtor to appear for a hearing

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4
Q

Procedure: Service on Debtor

A

Creditor must serve the motion, with the court order and related documents, on the debtor or the third party

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5
Q

Procedure: Hearing

A

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

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