Users' questions

What Does motion for Proceedings Supplemental Mean?

What Does motion for Proceedings Supplemental Mean?

The order requires you to go to court to answer the creditor’s questions. This. meeting is called a supplemental proceeding. If you get an order signed by a judge to appear in court, you must appear. If you do not, the court may find you in contempt (you violated the court’s order).

What are Proceedings Supplemental?

A Proceedings Supplemental is a court-ordered meeting between you and the creditor (the person you owe) to determine what your income, savings and property are. You can make arrangements to pay the creditor, your property can be sold, or your wages can be garnished unless you are judgment proof.

What is a supplemental warrant in Indiana?

A proceeding supplemental is a hearing that allows the judgment creditor to call a judgment debtor into court and obtain information about their employment, wages, assets, and other potential sources of recovery. Proceedings supplemental in Indiana are governed primarily by Indiana Rule of Trial Procedure 69(E).

What is a Supplemental judgement?

Supplemental judgment means a judgment that by law may be rendered after a general judgment has been entered in the action and that affects a substantial right of a party.

What does vacate proceedings mean?

To ask a court to set aside (cancel) a court order or judgment, you have to file a “request for order to set aside,” sometimes called a “motion to set aside” or “motion to vacate.” The terms “set aside” or “vacate” a court order basically mean to “cancel” or undo that order to start over on a particular issue.

How long are judgments good for in Indiana?

twenty years
A judgment is good for twenty years in Indiana. Of that twenty-year time span, that judgment remains a lien on the debtor’s real estate and a personal judgment against the debtor for the next ten years.

What does supplemental disclosure mean?

Supplemental Disclosure means written disclosure to the Administrative Agent of any factual information or data knowledge of which is obtained by the Borrowers that would cause any prior representation made pursuant to Section 5.14 with respect to any Qualified Disclosed Information, if deemed to be made at the time …

What personal property can be seized in a Judgement in Indiana?

What kind of property is subject to a judgment lien under Indiana law? In every state, a judgment lien can be attached to the debtor’s real estate — meaning a house, condo, land, or similar kind of property interest.

How do I collect on a Judgement in Washington state?

There are several avenues to collect on a judgment if the debtor has assets in Washington state. A popular way to collect on your judgment award is by a writ of garnishment. A garnishment entitles a judgment creditor to garnish and take the proceeds belonging to the debtor.

Does vacated mean dismissed?

A vacated disposition means it was canceled. They dismissed disposition means the case was dismissed.

Can a court vacate its own order?

G-C, THE Court held that; …it is not the law that a Court cannot, in certain circumstances set aside its own Judgment. The Court in its inherent jurisdiction has the power to set aside its own Judgment or Order made without jurisdiction or if same has been fraudulently obtained.

How does a proceeding supplemental work in Indiana?

Proceedings supplemental in Indiana are governed primarily by Indiana Rule of Trial Procedure 69 (E). That rule holds that in order for a judgment creditor to initiate a proceeding supplemental, they must first file a motion with the relevant court, showing: That the person or entity filing the motion actually owns…

What are the rules of trial procedure in Indiana?

Service procedures in Indiana are governed by rules 4 and 5 of the Indiana Rules of Trial Procedure. A judgment creditor must show the court that the debtor was properly and timely notified of the proceeding supplemental. Failure to properly serve the debtor could be grounds for vacating or continuing the hearing.

When does a proceeding supplemental hearing take place?

A proceeding supplemental is a hearing that takes place after a creditor has obtained a judgment against a debtor. Many creditors are under the impression that once they obtain a judgment, their work is done. That is not at all the case.

What are the procedures for a proceeding supplemental?

As noted in the answer to #5, procedures for proceedings supplemental can vary widely from court to court, or county to county. That being said, there are some points of similarity that one can expect regardless of what court he is in. Both parties will be required to appear.