Examining The Judgment Debtor Hubby-rainism


Legal I am not a lawyer, I am a judgment matchmaking specialist (Judgment Broker). This article is based on my experience in California. Laws are different in every state, and nothing in any of my articles can ever be considered legal advice. This article is my opinion about court examinations of the spouses, live-in partners, or intimate or business partners of judgment debtors. What should you put in your declaration to accompany your points and authorities for a third-party examination about judgment debtor assets? I am not a lawyer, however I know anything can happen in court, no matter how perfect the words are on your proposed order to examine a 3rd party about the debtor’s judgment debt. More than once, a commissioner or judge has ruled a third-party cannot be examined – even if they own a property with the judgment debtor, and raised three children with them. When a couple refers to themselves as husband and wife, have raised kids to adulthood, and purchased a house together, the wife can keep her maiden name for her drivers license, and claim she is not liable for the husband’s debts. How can one find out if a couple is married? Even if they said that they were married to each other, that does not mean that it is really true. If they purchased a house together, and you check the vesting on the grant deed, it might show if they chose to divulge that they were married at that time. Even if there is evidence they were married at that time, it doesn’t mean they are still married today. If you know that they were confidentially married in a certain county, you can get a copy of their confidential marriage license for a fee, if you get a copy of a signed court order to get that information. You can get the court order with an ex-parte motion, which requires a declaration, memo of points and authorities, and a proposed order, and have it served. If you found real estate records in the recorder’s office that shows them taking title to real property as "husband and wife", then you may find an understanding judge that will sign your order, since you are asking the judge only to confirm what you already know and have proof of. Another way to get marriage information is to examine both the "husband and wife" separately at a judgment debtor and 3rd party examination at the court. One of them may admit to having been confidentially married at the exam. In California, statues 708.120, and some others, show what is required for a declaration, memo of points and authorities, and a proposed order. You need to include the basic judgment information and a description of the debtor property you believe the third-party examinee might be in possession of, and/or the reasons you believe the 3rd party examinee might owe the debtor at least $250. In California, 3rd party examination requests can be somewhat informal, you can describe the records they have in their possession, or that information they might have, is worth $250. You can also mention CCP 700.130, and document that the 3rd party has first hand knowledge of the judgment debtor’s finances, and may be examined as a witness. My papers have never been rejected, even if I cannot specifically point to $250 worth of property. Of course, anything can happen, so toss in the CCP 700.130 witness legal basis too, because it allows for examination of anyone and everyone who might have first hand knowledge of the debtor’s finances. A third-party ORAP declaration is not difficult. If they are a wife or husband of the judgment debtor, make sure to mention shared community property. If you know about any specific property, make sure to list it specifically. You will get an ORAP lien on the property you list in your declaration, only when you mention it with sufficient specificity. For an example of the wordings of a third-party examination order, please check out my article at: http://www.judgmentbuy.com/ThirdPartyExaminations.html About the Author: 相关的主题文章: