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Turnovers of cash don’t necessarily require a filing open or a writ. However, you can still cover your bases. You never know what surprises you might find. Non-cash turnover orders are beyond the scope of this article, please see my other articles.At the conclusion of a judgment debtor examination, you can ask the judgment debtor how much cash they have in their wallet, pockets, briefcase, or purse. If the debtor is willing to give you the amount, write it down. If the debtor refuses to comply, you can write the amount down.
If the judgment debtor showed you the cash in their wallet, write that amount down on your turnover order. Then, politely ask the judge to sign your turnover order.If the debtor refuses to tell you how much cash they have, say something like “Your honor, I have asked the judgment debtor to disclose the contents of their wallet. They have not done so. Per the laws of the State (recite numbers of laws, not actual laws), the debtor should be obliged to reveal to the Court what is in the wallet. If the court does not agree, I will ask them to sign my turnover orders. “What will happen next is not predictable. Sometimes the debtor is willing to comply right away, but sometimes they will make up stories and lie about their cash, such as that it belongs to someone else. In either case, it is better to show the court your reasonableness and negotiate when necessary. Usually, the judge will direct the judgment debtor’s cash to the bailiff. The bailiff then hands it over.
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