Dental new patient exam template, I am not an attorney, but a Judgment- and Collections Broker. This article is my opinion, based on my experience in California, and laws vary in each state. A lawyer can help you with legal advice and legal strategies. This article is focused on one particular type of turnover (turnover) order which can be used (in several states) at the conclusion judgment debtor examinations. The court may issue a turnover order to pay the creditor from the cash or equivalent cash that the debtor has while in court.
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You can search the laws of your state online and print any laws that may be relevant to the property being turned over to you or the officer levying after the examination. Prepare to refer back to your state laws and to possibly quote them when you go to court. Non-cash assets must always be turned over to the sheriff first.
Turnovers of cash do not usually require a writ, nor does it need to be filed with a sheriff’s levy. But why not? You never know what surprises you might find. Non-cash turnover orders, which are outside the scope of this article. Please see my other articles. At the conclusion of a judgement debtor examination, ask the judgment debtor how many cash they have in their purse, wallet, and pockets. If the debtor gives you permission to ask, take the amount and write it down. If they refuse to comply, it is okay.
If the judgment creditor has cash in their wallet, you should write it down on your turnover form. You can then politely ask for the judge’s signature on your turnover order. They refused to give me the contents of their wallet. I will ask the court to sign my turn-over order. “What happens next is hard to predict. Sometimes the debtor complies immediately, sometimes they make up stories and lies, for example, their cash belongs to someone else, etc.It is usually best to show the court you are reasonable, and compromise when appropriate. The judge will ordinarily order the judgment-debtor to turn over the cash to the bailiff.