Legal Question in Civil Litigation in California

Debtors Exam.........

Hello, i am conducting a debtor's exam next month and i motion to the court/commissioneer if he would grant a ''turnover order'' right at the debtor exam ( for any cash and/or jewlery) i explained in the declaration that i didnt give eighter a verble or written notice of my motion due to the fact that she has evading paying the debt and so has her employer(writ)i called the courts ( and as always ''no help'' ''rude'' ) and they just told me that the defendant will get a copy of this motion! well that defeat the turnover order, the question(s) i have is this, i beleive the judge/commissioneer will read my motion then deceiced on it, then the clerk will submitted, whats the odds that the judge will grant my motion and ''not to give notice to the defendant'' for the turnover order? And having the ''not so caring court clerk'' mail the granted motion to the defendant?, how can i avoid this? is it to late? and if this happens what recourse due i have? if any Thank you


Asked on 5/01/04, 1:04 pm

1 Answer from Attorneys

Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Debtors Exam.........

I can't understand your situation completely, but the worst result for you would probably be that you have to push the hearing (on your motion) back a month or so, THEN give notice, then have it heard and ruled on.

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Answered on 5/01/04, 1:09 pm


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