Oscp exam report template, I am not a Lawyer, I am a Judgment/Collection Broker. This article is my opinion, based on my experience in California, and laws vary in each state. Please contact a lawyer for legal advice or to discuss legal strategies. This article focuses on one type or more of turn-over (turnover), order that can be used (in multiple states) at judgment debtor inspections. A turnover order can be used to get the creditor paid out of the money or equivalent that the debtor has at the court.
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Find the laws for your state. Print out any laws that pertain to judgment debtors turning property over to you or to the levying officer following an examination. Refer to your local laws. Non-cash assets should always be given to the sheriff.
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 borrower showed you their cash, be sure to note that amount on your turn. You can then politely ask for the judge’s signature on your turnover order. They refused. According to the laws in our State (recite only the numbers of the laws), the debtor should disclose to the court the contents of their wallet so I may ask for the court’s signature on my turnover order. “What’s next can’t be predicted. 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 usually order the judgment debtor give their cash to a bailiff. After that, the bailiff gives it to you.