Page 147 - Judgment Enforce Course
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Judgment Enforcement – The Step-by-Step Course
Yes, it’s stiff, legal wording, but it’s an AO for sure.
How to do it
✓ Identify the asset to be assigned.
✓ Apply for the AO with a motion to the court
Okay, it’s not really that easy because there’s paperwork involved. Isn’t there always?
And, the first time you do an AO, like everything else we do the first time, it may take
some time.
Two definitions to know
A “motion” is a request for the court to do something. It’s called a “motion”
because you are “moving” the court to make a decision about something.
A “noticed motion” means that you are making a request of the court and also advising
the debtor about it so that he can be present at the hearing when the judge decides.
The motion will probably have 4 parts:
Notice of the motion + Motion (tells the court you’re asking
for something, and tells the JD it’s happening)
✓ Your Notice of motion and motion
✓ Your declaration (explaining who you are and why you
need the AO)
✓ Points & Authorities (reminds the court what law lets
you do this)
✓ The order to be sign by the judge
(There’s a sample of all 4 parts of an assignment order on the Forum, Peter’s Case
Files #6)
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