Exam study planner template, I am not a lawyer. This article is based on my California experience. Laws vary from one state to the next. 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. A turnover order could be used to make the creditor pay from cash or cash equivalent while the debtor is at court.
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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 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. Write down the amount if the debtor agrees to answer. 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. Ask the judge politely to sign your turnover orders. They refused to give me the contents of their wallet. I will ask the court to sign my turn-over order. “What happens next cannot be predicted. Sometimes, the debtor will comply immediately. Other times, they may make up stories or lies to claim their cash belongs to another person. It is best to show the court that you are reasonable and to compromise when necessary. The judge will ordinarily order the judgment-debtor to turn over the cash to the bailiff.