Online earnings on execution
Warrant of execution
Do I need to know more? If the debtor says he or she is not going to pay, can I begin the execution procedures right away?
Warrant of execution A warrant of execution will only help if the defendant has: Enough goods at the address you give which could be sold at auction to raise money for you All the money you are claiming for on the warrant to stop goods being sold Before the court can issue a warrant, the defendant must have: Failed to pay the amount he or she has been ordered to pay Fallen behind with at least one of his or her payments This is called 'being in arrears'. How much can I issue a warrant for?
Generally, no. There is usually a brief waiting period after the judgment is distributed before the court issues a writ of execution.
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In a small claims caseyou must wait 48 hours from the distribution date of the judgment. However, in any type of case, if the judgment was a confession of judgment or by defaultyou can file the execution paperwork immediately.
You may also be prohibited from filing execution paperwork after winning your judgment if the debtor has gotten a stay of execution or has filed for bankruptcy in federal court.
Please note: there may be other circumstances that prevent or delay you from beginning execution procedures. Return to top of page How can I learn about the debtor's assets?
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You can ask the court for a Judgment Debtor Hearing. A judgment debtor hearing is a court proceeding where the debtor is placed under oath and the creditor asks the debtor about property and assets and where things are located.
Enforcement of debt judgments
Any party online earnings on execution bring a lawyer to the hearing. At the hearing, the judge or clerk will ask the debtor to take the witness stand. The debtor will have to swear or affirm that he or she will truthfully answer any questions asked.
The judge will then tell the creditor or the creditor's lawyer that the creditor may begin asking the debtor questions.
Generally, the creditor can ask any question he or she can think of about the debtor's assets and current and possible future financial situation.
The following are a few things the creditor could ask about: Place of employment and amount of earnings Any income from sources other than debtor's job Location and value of any houses, land, etc. Safety deposit box Interest or dividend payments from any source including Alaska Permanent Fund dividends Whether anyone owes money to online earnings on execution Whether debtor has an income tax refund coming Cash currently in debtor's possession Other valuables jewelry, paintings, stereo equipment, etc.
The debtor can object to the online earnings on execution questions. If an objection is made, the judge will have to decide if the creditor's question is relevant, that is, if it has some logical relationship to the debtor's current or future financial situation. If the judge decides the question is not relevant, the debtor does not have to answer it. If the judge decides the question is relevant, the debtor must answer it or judge can hold the debtor in contempt of court.
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The debtor may have exempt propertywhich is property that is protected by law from being taken to pay the judgment. The debtor can tell the creditor and the court about exempt property at the judgment debtor hearing.
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If the examination shows that the debtor has property which could be executed upon, the judge can order the debtor to use the property to satisfy the judgment. Alternatively, the creditor can use the information gained at the hearing to locate the debtor's online earnings on execution and have it seized by asking the court for a Writ of Execution, which a creditor can learn more about by reading Execution Procedure: Judgment Creditor Booklet, CIV How do I learn about the execution procedures?
For instance, some types of property are exempt from execution, or others, like the PFD, have a limit as to how much you can get.
County Registrars enforce them in all other places. Sheriffs are self-employed people who are paid for their enforcement work on a commission basis. The fees they get are set out in law. Under the law, sheriffs currently receive various fixed fees and a scale of fees related to the amount involved in the enforcement. It also covers various expenses the sheriff has in the enforcement process.
These booklets will help you make those decisions and understand the entire process. If you obtain the forms directly from your local courtyou will receive multi-part paid internet earnings that do not require photocopying. Also, please note that the writs are generated electronically and you do not need to submit CIV when you file your packet.
What court forms do I need if I want to garnish the debtor's earnings? Return to top of page Do I need to do anything when I'm done collecting on the Judgment?
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You may need to file a Satisfaction of Judgment with the court and serve it on the debtor. You can read more about Satisfactions of Judgment and serving the other party. The complete list of civil forms can be viewed in the Forms Catalog.