Chapter 61.--PROCEDURE, CIVIL, FOR LIMITED ACTIONS
Article 36.--EXECUTIONS
61-3604.Hearing in aid of execution.(a) Asan aid to the collection of a judgment, the judgment creditor isentitled to have an orderfor a hearing in aid of execution issued by the court at any time after 10 daysafter judgment.There is no requirement that an execution first be issued and returnedunsatisfied. Noapplication for such order needs to be filed except as specially required inthis section.
(b) An order for a hearing in aid of execution may be issued at the requestof a judgmentcreditor in an individual case or by a master request covering more than onecase, and shallrequire the judgment debtor to either: (1) Contact the judgment creditor orattorney prior to the date set for the hearing to furnish information underoath or penalty of perjury concerning the judgment debtor's property andincome; or (2) appear and furnish information under oath orpenalty ofperjury when required by the court concerning the debtor's property and incomebefore thecourt at a time and place specified in the order within the county where thecourt is situated. The courtmay cancel the hearing if thejudgment debtor has furnished tothe judgmentcreditor satisfactory information concerning the debtor's property and incomeprior to thedate and time for the hearing. Witnesses may also be subpoenaed to testify atthe hearing.
(c) If the judgment debtor resides in another county in this state or outsideof this state, thecourt can order such judgment debtor to appear if the court finds that it willnot cause unduehardship on the judgment debtor to appear.
(d) It shall be the duty of the judge to assist in the enforcement of thejudgments of the court.To this end, at any hearing in aid of execution, when the existence of anynonexempt propertyof the judgment debtor is disclosed, the court shall order the judgment debtorto deliver theproperty to the sheriff or a duly appointed process server. If the property isother thancurrency, the property shall be sold in the same manner as other property takenunderexecution is sold and the proceeds from the sale shall be applied to thejudgment and costs.
History: L. 2000, ch. 161, § 65;L. 2002, ch. 157, § 13; July 1.
Chapter 61.--PROCEDURE, CIVIL, FOR LIMITED ACTIONS
Article 36.--EXECUTIONS
61-3604.Hearing in aid of execution.(a) Asan aid to the collection of a judgment, the judgment creditor isentitled to have an orderfor a hearing in aid of execution issued by the court at any time after 10 daysafter judgment.There is no requirement that an execution first be issued and returnedunsatisfied. Noapplication for such order needs to be filed except as specially required inthis section.
(b) An order for a hearing in aid of execution may be issued at the requestof a judgmentcreditor in an individual case or by a master request covering more than onecase, and shallrequire the judgment debtor to either: (1) Contact the judgment creditor orattorney prior to the date set for the hearing to furnish information underoath or penalty of perjury concerning the judgment debtor's property andincome; or (2) appear and furnish information under oath orpenalty ofperjury when required by the court concerning the debtor's property and incomebefore thecourt at a time and place specified in the order within the county where thecourt is situated. The courtmay cancel the hearing if thejudgment debtor has furnished tothe judgmentcreditor satisfactory information concerning the debtor's property and incomeprior to thedate and time for the hearing. Witnesses may also be subpoenaed to testify atthe hearing.
(c) If the judgment debtor resides in another county in this state or outsideof this state, thecourt can order such judgment debtor to appear if the court finds that it willnot cause unduehardship on the judgment debtor to appear.
(d) It shall be the duty of the judge to assist in the enforcement of thejudgments of the court.To this end, at any hearing in aid of execution, when the existence of anynonexempt propertyof the judgment debtor is disclosed, the court shall order the judgment debtorto deliver theproperty to the sheriff or a duly appointed process server. If the property isother thancurrency, the property shall be sold in the same manner as other property takenunderexecution is sold and the proceeds from the sale shall be applied to thejudgment and costs.
History: L. 2000, ch. 161, § 65;L. 2002, ch. 157, § 13; July 1.
Chapter 61.--PROCEDURE, CIVIL, FOR LIMITED ACTIONS
Article 36.--EXECUTIONS
61-3604.Hearing in aid of execution.(a) Asan aid to the collection of a judgment, the judgment creditor isentitled to have an orderfor a hearing in aid of execution issued by the court at any time after 10 daysafter judgment.There is no requirement that an execution first be issued and returnedunsatisfied. Noapplication for such order needs to be filed except as specially required inthis section.
(b) An order for a hearing in aid of execution may be issued at the requestof a judgmentcreditor in an individual case or by a master request covering more than onecase, and shallrequire the judgment debtor to either: (1) Contact the judgment creditor orattorney prior to the date set for the hearing to furnish information underoath or penalty of perjury concerning the judgment debtor's property andincome; or (2) appear and furnish information under oath orpenalty ofperjury when required by the court concerning the debtor's property and incomebefore thecourt at a time and place specified in the order within the county where thecourt is situated. The courtmay cancel the hearing if thejudgment debtor has furnished tothe judgmentcreditor satisfactory information concerning the debtor's property and incomeprior to thedate and time for the hearing. Witnesses may also be subpoenaed to testify atthe hearing.
(c) If the judgment debtor resides in another county in this state or outsideof this state, thecourt can order such judgment debtor to appear if the court finds that it willnot cause unduehardship on the judgment debtor to appear.
(d) It shall be the duty of the judge to assist in the enforcement of thejudgments of the court.To this end, at any hearing in aid of execution, when the existence of anynonexempt propertyof the judgment debtor is disclosed, the court shall order the judgment debtorto deliver theproperty to the sheriff or a duly appointed process server. If the property isother thancurrency, the property shall be sold in the same manner as other property takenunderexecution is sold and the proceeds from the sale shall be applied to thejudgment and costs.
History: L. 2000, ch. 161, § 65;L. 2002, ch. 157, § 13; July 1.
