.
Generally, no. There is usually a brief waiting period after the judgment is distributed before the court issues a writ of execution. In a small claims case, you must wait 48 hours from the distribution date of the judgment. However, in any type of case, if the judgment was a confession of judgment or by default, you can file the execution paperwork immediately.
You may also be prohibited from filing execution paperwork after winning your judgment if the debtor has gotten a stay of execution or has filed for bankruptcy in federal court. Please note: there may be other circumstances that prevent or delay you from beginning execution procedures.
You can ask the court for a Judgment Debtor Hearing. A judgment debtor hearing is a court proceeding where the debtor is placed under oath and the creditor asks the debtor about property and assets and where things are located. Any party may bring a lawyer to the hearing.
A creditor can ask the court for a judgment debtor hearing by filing Motion and Order for Judgment Debtor to Appear, CIV-540 [Fill-In PDF]. A creditor can learn more about how to fill out this form by reading Execution Procedure: Judgment Creditor Booklet, CIV-550 .
At the hearing, the judge or clerk will ask the debtor to take the witness stand. The debtor will have to swear (or affirm) that he or she will truthfully answer any questions asked.
The judge will then tell the creditor (or the creditor's lawyer) that the creditor may begin asking the debtor questions.
Generally, the creditor can ask any question he or she can think of about the debtor's assets and current and possible future financial situation. The following are a few things the creditor could ask about:
The debtor can object to the creditor's questions. If an objection is made, the judge will have to decide if the creditor's question is relevant, that is, if it has some logical relationship to the debtor's current or future financial situation. If the judge decides the question is not relevant, the debtor does not have to answer it. If the judge decides the question is relevant, the debtor must answer it or judge can hold the debtor in contempt of court.
The debtor may have exempt property, which is property that is protected by law from being taken to pay the judgment. The debtor can tell the creditor and the court about exempt property at the judgment debtor hearing. A debtor can learn more about exempt property by reading Judgment Debtor Booklet, CIV-511 .
If the examination shows that the debtor has property which could be executed upon, the judge can order the debtor to use the property to satisfy the judgment. Alternatively, the creditor can use the information gained at the hearing to locate the debtor's property and have it seized by asking the court for a Writ of Execution, which a creditor can learn more about by reading Execution Procedure: Judgment Creditor Booklet, CIV-550 .
Before you file anything, read:
You have many decisions to make about how you proceed and what property you go after. For instance, some types of property are exempt from execution, or others, like the PFD, have a limit as to how much you can get. These booklets will help you make those decisions and understand the entire process.
NOTE: While all of these forms are available electronically, in some courts you will be required to provide all necessary photocopies. If you obtain the forms directly from your local court, you will receive multi-part forms that do not require photocopying. Also, please note that the writs are generated electronically and you do not need to submit CIV-502 when you file your packet.
NOTE: While all of these forms are available electronically, in some courts you will be required to provide all necessary photocopies. If you obtain the forms directly from your local court, you will receive multi-part forms that do not require photocopying. Also, please note that the writs are generated electronically and you do not need to submit CIV-525 when you file your packet.
NOTE: While all of these forms are available electronically, in some courts you will be required to provide all necessary photocopies. If you obtain the forms directly from your local court, you will receive multi-part forms that do not require photocopying. Also, please note that the writs are generated electronically and you do not need to submit CIV-500 when you file your packet.
You may need to file a Satisfaction of Judgment with the court and serve it on the debtor. You can read more about Satisfactions of Judgment and serving the other party.
Yes. You should read both of the following booklets before you try to file execution paperwork:
You may also see the list of online forms used in the execution process at Civil Forms - Process after Judgment (Executions, etc.). The complete list of civil forms can be viewed in the Forms Catalog .
| Rev. 23 October 2018 © Alaska Court System www.courts.alaska.gov Contact Us |
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