Page 206 - Judgment Enforce Course
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is his own boss, though paid buy his client. Other ICs may be
computer specialists, a real estate broker, and a carpenter. When
collecting a judgment, you have to approach the IC differently from a
regular employee.
Judgment Debtor Examination (JDX): This is also called an ORAP
(Order to Appear) and an OX (Order of Examination). It is an
opportunity to ask questions of the debtor under penalty of perjury.
The debtor has to be personally served with a court “Order to Appear.”
You can also require that the debtor bring in documents that show how
much he makes, where he works, and other information.
Judgment-Proof: A person is considered judgment proof if they are
poor and unable to pay the court judgment. Some debtors live their
lives in a judgment proof way. They will lease cars rather than buy
them, and put money in their friends’ bank accounts. They may work
for money under the table, and do other things to shield creditors from
assets.
Judgment: The court’s final decision as to who is at fault, and how
much should be paid to the winner of the lawsuit.
Jurisdiction: The court’s authority to exercise its power over an
individual or an area.
Levy: To seize or collect. In some states it is called a garnishment
instead of a “levy.”
Living Trust: A legal way to make sure that when a person dies their
property and assets are transferred to his or her heirs according to the
wishes of the person making the trust.
Nonexempt Property: Property that is not excluded by law from the
list of property you can seize to satisfy a judgment.
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Order to Appear: A court order for the debtor or someone else ( 3P P
Party) to appear as a witness at a judgment debtor examination JDX).
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