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Turnover Orders At Debtor Examinations





I am not a lawyer, I am a Judgment and Collection Broker. This article is my opinion, based on my experience in California, and laws vary in each state. If you want legal advice or a strategy to use, you should contact an attorney.

This article is about using one certain type of turnover (turn over) order which can be used (in certain states) at the conclusion of debtor exams. A turnover order may possibly get the creditor paid from cash, or the equivalent of of cash, that the debtor possesses and owns while at court.

Turnover orders for cash at debtor examinations, are easy and cheap. They are court requests, for them to order a debtor to hand over their non-exempt cash to you, to help pay on a money judgment.

At the end of this article, is a template example of this kind of turn over order for cash at a judgment debtor examination. One brings several copies of a nearly-completed turn over order to the court to use at the ending of the judgment debtor examination.

Not every state provide for turnover orders. In California, simple cash turn over orders are allowed by CCPs 708.205 and 482.080. When used immediately after a judgment debtor examination, one does not have to re-serve the debtor, or pay for a new court date.

Research the laws of your state, and print out all laws related to debtors turning over property to the levying officer or you after an exam. Be ready to refer to your local laws, and to possibly quote them in court.

Knowledgeable judgment debtors know better than to carry large amounts of cash to debtor exams, however some will, so be prepared.

Anything other than cash, requires an open sheriff levy file and a current writ. Non-cash assets are always first turned over to the sheriff.

While turnovers of cash may not need a writ or to have a sheriff levy file open, why not cover all your bases. You never know what you might discover. Non-cash turn over orders are beyond the scope of this article, please refer to my other articles.

At the conclusion of a judgment debtor examination, you can ask the debtor the amount of cash they have in their wallet, pockets, purse, or briefcase. If the judgment debtor complies, write the amount down. If they refuse, that is no problem. At the end of the examination, quietly mention to the bailiff that you want to ask the judge to decide a simple matter.

If the debtor showed you the cash in their wallet, write the amount down on your turnover order. Then, politely ask the judge to sign your turn over order.

If the debtor refuses to tell you the amount of cash they have, say something like "Your honor, I have requested the judgment debtor to show me the contents of their wallet. They have refused, and per the laws of our State (say the numbers of the laws, not the laws themselves) the judgment debtor should be required to show to the court what is in their wallet, so I may ask the court to sign my turn over order."

What happens next can't be predicted. Sometimes the judgment debtor complies immediately, sometimes they make up lies and stories, for example, their money is someone else's property, etc.

It's usually best to show the court you are reasonable, and compromise when appropriate. Most often, the judge orders the judgment debtor's to hand their cash to the bailiff, and then the bailiff hands it over to you.

This is an example of a turnover order I have used for the judgment debtor's on-hand cash, at the end of a judgment debtor exam:

Your Name (your capacity - Judgment Creditor or Assignee Of Record) Your Address Your City, State, Zip Your Phone Number and Email

Appearing In Pro Per

SUPERIOR COURT OF THE (YOUR STATE) OF YOUR STATE COUNTY OF (YOUR COUNTY), YOUR DIVISION (civil, small claims, etc.)

Pat Plaintiff Case # 123456789 TURNOVER ORDER; POINTS and AUTHORITIES vs. Date: August 18, 2010 Dan Defendant Time: 10 AM Department 18 Judge: Commissioner Jones

At the date and time above, DAN DEFENDANT, the judgment debtor and defendant herein, was examined. At the conclusion of the examination, the judgment debtor was in possession of cash in the amount of (list the cash amount) that can be used to help satisfy the judgment debt as per CCPs 482.080 and 708.25.

Pursuant with the Declarations and Points And Authorities submitted by (plaintiff/assignee of record), and finding that a writ of execution has been issued, and there is a need for this order, for good cause, the court hereby ORDERS that the non-exempt property listed above, be turned over to the (plaintiff/assignee of record) which shall be applied toward the satisfaction of the judgment.

Dated: ____________ Signed _______________________________________ Judge Of the Superior Court

POINTS AND AUTHORITIES

Copy, and include the full text of CCP 482.080 and 708.205 here.

About Author Mark Shapiro :

<a href="http://www.JudgmentBuy.com" target="_blank">http://www.JudgmentBuy.com</a> - where debts and Judgments get quickly recovered by the best - matched for free to your debtor.

Mark Shapiro - the judgment expert, with the best quality free leads for collection agencies, enforcers and contingency collection lawyers.


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Article Added on Wednesday, March 14, 2012
LD
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