Information Guide
A creditor may obtain an
Application and Order for Appearance and Examination from the
court clerks office to aid the creditors collection
effort. The Application and Order for Appearance and Examination
commands the judgment debtor to appear in court to furnish
information about the debtors property and assets. It must be
personally served on the debtor at least 10 days before the
examination hearing. Service of the process also creates a lien
on the debtors personal property for one year. The court may
issue a bench warrant for the debtors arrest if the debtor
fails to appear in court. Only the Sheriff, registered process
server or a person appointed by the court can serve the
Application and Order for Appearance and Examination. The
Sheriff will make up to three attempts to serve the debtor
including one night time attempt after 6:00 p.m. (unless the
debtor cannot be found at the address in the evening.) If the
debtor is served, the Sheriff will file a proof of service with
the court and mail a notice of service to the debtor. If service
is unsuccessful, the Sheriff will mail a certificate of not
found/no service detailing the reasons for non-service to the
creditor. The creditor should call the Sheriff for a status
check if a mailed notification is not received at least five
days before the hearing and not appear in court unless advised
that the order was served.
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