A strict set of rules and procedures governs judgment collection in Utah. Judgment creditors need to stick by them if they hope to get paid at some point. Therefore, it is in a creditor’s best interest to learn as much as possible about how the system works. Here is a good example: the ex parte motion for a hearing to identify the debtor’s property.
In Utah, the Ex Parte Motion for Hearing to Identify the Debtor’s Property is a legal procedure. It is a procedure utilized by judgment creditors to learn as much as they can about a debtor’s assets. The teeth behind the motion is compulsion.
Ideally, a judgment creditor would want the debtor to voluntarily offer all relevant information about income and assets. The creditor would expect that information to be truthful and complete as well. But as an organization involved in judgment collection for many years, we can tell you that things don’t normally work this way.
Compelling the Debtor to Be Forthcoming
In filing an ex parte motion for a hearing, a creditor is asking the court to compel the debtor to be forthcoming about assets and income. The creditor files the motion with the understanding that a judgment has been entered but not yet paid. In addition, the creditor is asserting through the motion that the debtor has not provided sufficient information to allow collection to proceed.
If the motion is granted, the debtor is compelled to appear in court to answer questions about income and assets. He is also required to bring all relevant documents with him. A failure to abide by the court’s ruling could lead to the debtor being found in contempt. That leads to a whole new set of circumstances that makes a good topic for another post.
Important Things to Consider
There are a number of important things to consider in relation to the ex parte motion for a hearing. They are things you should probably talk over with an attorney if you’re currently attempting to collect a judgment from a debtor you believe hasn’t been forthright.
- Debtor Records – The whole point of forcing a hearing is to learn everything you can about debtor assets and income. You need that information to determine how to proceed. Therefore, be very specific about the records you’re interested in.
- Asset Identification – Before you can proceed with garnishment or writs of execution, you need to identify the assets you hope to go after. These assets will have to be specifically named when you go to court to get additional writs.
- Written Questions – You are likely to send written questions along with notice of the hearing. Make sure those questions only request relevant information. You are not allowed to ask questions that go beyond the legal scope of debt collection in Utah.
If you can identify particular assets when filing the ex parte motion, you might convince the court to order the debtor not to sell, transfer, or dispose of any non-exempt property while the legal process works itself out.
It’s Complicated, We Can Help
This post has barely scratched the surface when it comes to ex parte motions for discovery hearings. If you feel like this is too complicated for you to understand, we get it. We are ready to step in and help you collect your outstanding Utah judgment.
We work on consignment, so there is no risk of further loss on your part. If you want to collect without having to do the work yourself, we are the Utah judgment collection agency of choice. Contact us right away.