Docstoc

DEBTORS EXAM - PIMA COUNTY CONSO

Document Sample
DEBTORS EXAM - PIMA COUNTY CONSO Powered By Docstoc
					                                        PIMA COUNTY CONSOLIDATED JUSTICE COURT
                                        115 N. CHURCH AVENUE, TUCSON, AZ 85701-1130

                                       SUPPLEMENTAL PROCEEDINGS/DEBTOR'S EXAM
                                             INSTRUCTIONS TO FILING PARTY


         Supplemental Proceedings/Debtor's Exams are used to bring the Judgment Debtor back into court on a date assigned by the Civil
Clerk. The Judgment Debtor will be required to tell the Judge under oath about assets that may be used to satisfy the Judgment. This
packet contains the following three forms:

                  a PETITION (original and 3 copies)
                  a CIVIL SUBPOENA (original and 1 copy)
                  an ORDER/PRAECIPE (original)

1.       COMPLETE THE PETITION: Fill in the case caption, case number, and the blanks on the Petition with the information
         requested. Sign the petition in front of a Notary Public or a Deputy Clerk of the Court.

2.       COMPLETE THE SUBPOENA: On the Subpoena, fill in the case caption, case number, and the name of the person who is
         being subpoenaed in the space provided. The Civil Clerk will then fill in the hearing date on the documents and issue the
         Subpoena. Attach “Exhibit A” to the subpoena.

3.       COMPLETE THE ORDER: Fill in the case caption, case number, and check the line in the menu to request that the Subpoena
         be issued. Sign the Order/Praecipe on the line that indicates which party you are.

4.       OBTAIN A HEARING DATE: Take all completed paperwork to the Customer Service Windows and a hearing date will be
         assigned. The Clerk will issue the Subpoena and affix the Court seal to it. After this is done, the papers are ready to be served on
         the Judgment Debtor.

5.       ARRANGE FOR SERVICE OF THE PAPERS: One set of papers is taken to either the Constable's office or to a process
         server for service on the other party. The other set is kept by the filing party.

6.       THE HEARING: Appear before the Judge on the hearing date assigned.




JP13 (Rev 10-31-06)ec/mtilton
                                                         EXHIBIT "A"
                                  LIST OF DOCUMENTS AND THINGS TO BE PRODUCED

1.    Copies of your pay stubs or statement of earnings for you and your spouse's employment for the last six (6) months.

2.    Bank or Savings and Loan statements on all checking and savings accounts belonging to you or your spouse for the last six (6)
      months.

3.    Copies of your Federal and State Income Tax returns for the last two (2) years.

4.    Copies of any quarterly estimates of Federal or State Income Tax filed by you.

5.    All evidence of certificates of stock and bonds or statements that show evidence of stocks and bonds belonging to you or which
      you have any interest either alone or jointly with any other person for the last year.

6.    All life insurance policies now in effect on your life or those naming you as a beneficiary.

7.    All evidence of any and all notes, contracts, negotiable instruments receivable or accounts receivable whether due or not due
      belonging to you or in which you have any interest either alone or jointly with any other person for the last year.

8.    All titles, deeds or contracts of sale for any real property owned, purchased or being purchased or sold, in which you have any
      interest either alone or jointly with any other person for the last year.

9.    A complete list of all items of personal property owned by you whose value exceeds $500, including but not limited to
      automobiles, boats, household fixtures, furnishings and appliances, whether they are paid for or not.




JP13 (Rev 10/31/06)ec/mtilton
 PIMA COUNTY CONSOLIDATED JUSTICE COURT, 115 NORTH CHURCH AVE., TUCSON, AZ 85701-1130
 PLAINTIFF                                               CASE NO.                      DEFENDANT
                                                   ______________________
                                                      PETITION FOR
                                                     SUPPLEMENTAL
                                                      PROCEEDINGS
                                                    (DEBTOR'S EXAM)

 (Name/Address/Phone) being first duly sworn, upon his/her oath deposes and says:
 PETITIONER,                                                                           (Name/Address/Phone)
 1.       That s/he is the Plaintiff/Defendant and Judgment Creditor in this action;

 2.      That judgment was entered on ________________ in his/her favor in the sum of $___________, court costs in
          the sum of $________, plus interest at ________% from ________________;

 3.      That Petitioner believes the Debtor is/is not employed and/or is in possession of cash or other tangible personal
         property which could be used to satisfy the Judgment in this case;

 4.      That Petitioner believes that the Debtor may have in his/her possession records, books, documents and accounts
         that reflect liabilities and the disposition of property.

         WHEREFORE, pursuant to Rule 69, ARCP, Petitioner requests that the Judgment Debtor be subpoenaed to
 appear before this Court, bring the records, books, and documents listed on the attached page, and answer questions
 under oath concerning assets he/she may have to satisfy this judgment. If the Debtor fails to appear, Petitioner asks this
 Court to hold him/her in Contempt of Court and impose just and proper sanctions.

 DATED:
                                                                     Plaintiff/Defendant

                                                        VERIFICATION
 STATE OF ARIZONA )
                                    ) ss.
 COUNTY OF PIMA                     )
        I swear/affirm that I am the Judgment Creditor in this action, that I have read this Petition, and that the
 statements are true to the best of my knowledge.

                                                           Affiant
 SUBSCRIBED AND SWORN to before me this date:
 My Commission Expires:


                                                           Clerk/Notary Public

                         SUPPLEMENTAL PROCEEDINGS/DEBTOR'S EXAM HEARING
                         Please take notice that the Court has set this matter for hearing as follows:

         DATE:                                                       TIME:

               This matter will not be postponed except for a good reason filed in writing with the Court.
 Requests for reasonable accommodation for persons with disabilities must be made to the court by parties at least
                        three (3) working days in advance of a scheduled court proceeding.
JP13 (Rev 10/31/06)/ec/mtilton            Original-Court, Copy-Plaintiff, 2 Copies-Constable/Process Server
 PIMA COUNTY CONSOLIDATED JUSTICE COURT 115 NORTH CHURCH AVE. TUCSON, AZ 85701-1130
PLAINTIFF                           CASE NO.          DEFENDANT
                                                   ___________________________

                                                     CIVIL SUBPOENA
                                                         DUCES TECUM
(Name/Address/Phone)                                                                       (Name/Address/Phone)

 STATE OF ARIZONA TO:                ___________________________________________________________
                                      Name
                                     ___________________________________________________________
                                     Address
                                     ___________________________________________________________
                                     City                             State                        Zip

           YOU ARE ORDERED TO APPEAR AT THE ABOVE-NAMED COURT AS INDICATED:
           YOU ARE ORDERED TO APPEAR AT THE FOLLOWING ADDRESS AS INDICATED:
             ____________________________________________________________________________
             DATE:                                                        TIME:
 AND REMAIN THERE UNTIL EXCUSED BY THE JUDGE, TO GIVE TESTIMONY ON BEHALF OF THE ABOVE-NAMED PARTY.
       CHECK ONE:                 PLAINTIFF                   DEFENDANT
 If you want the person to bring something with them, check the box below:
            DUCES TECUM - YOU ARE FURTHER ORDERED to bring the items listed below with you:


 IF YOU FAIL TO APPEAR AS ORDERED, A WARRANT MAY BE ISSUED FOR YOUR ARREST PURSUANT TO
 RULE 64.1, Arizona Rules of Civil Procedure. Your duties regarding this Subpoena are outlined on the back of this form.
 REQUESTS FOR REASONABLE ACCOMMODATION FOR PERSONS WITH DISABILITIES MUST BE MADE AT
 LEAST THREE (3) WORKING DAYS IN ADVANCE OF A SCHEDULED COURT PROCEEDING.

                                                      LISA R. ROYAL
                                                      Clerk of the Pima County Consolidated Justice Court

 DATED:                                               By
                                                           Clerk

                                                     CERTIFICATE OF SERVICE

 Date Received:                     Date Served:                          Time Served:
 Person Served:
 Location where Served:
 County:

 I certify that I personally served this document as stated above.
                                               Constable/Process Server
 STATEMENT OF COSTS

 Service Fee: $___________          Mileage Fee: $__________              Other: $__________     TOTAL: $__________

JP22 (Rev. 10/18/06)/ec/mtilton                     ORIGINAL-COURT with return; CANARY-Person being subpoenaed; PINK-Filing Party
                                  Your Duties In Responding To This Subpoena
        You have the duty to produce the documents requested as they are kept by you in the usual course of business, or you
may organize the documents and label them to correspond with the categories set forth in this subpoena. See Rule 45(d)(1) of the
Arizona Rules of Civil Procedure.
        If this subpoena asks you to produce and permit inspection and copying of designated books, papers, documents,
tangible things, or the inspection of premises, you need not appear to produce the items unless the subpoena states that you must
appear for a deposition, hearing or trial. See Rule 45(c)(2)(A) of the Arizona Rules of Civil Procedure.

                                                    Your Right To Object
         The party or attorney serving the subpoena has a duty to take reasonable steps to avoid imposing an undue burden or
expense on you. The Court enforces this duty and may impose sanctions upon the party or attorney serving the subpoena if this
duty is breached. See Rule 45(c)(1) of the Arizona Rules of Civil Procedure.
         You may object to this subpoena if you feel that you should not be required to respond the request(s) made. Any
objection to this subpoena must be made within 14 days after it is served upon you, or before the time specified for compliance,
by providing a written objection to the party or attorney serving the subpoena. See Rule 45(c)(2)(B) of the Arizona Rules of Civil
Procedure.
         If you object because you claim the information requested is privileged or subject to protection as trial preparation
material, you must express the objection clearly, and support each objection with a description of the nature of the document,
communication or item not produced so that the demanding party can contest the claim. See Rule 45(d)(2) of the Arizona Rules
of Civil Procedure.
         If you object to the subpoena in writing you do not need to comply with the subpoena until a court orders you to do so.
It will be up to the party or attorney serving the subpoena to seek an order from the court to compel you to provide the
documents or inspection requested, after providing notice to you. See Rule 45(c)(2)(B) of the Arizona Rules of Civil Procedure.
         If you are not a party to the litigation, or an officer of a party, the court will issue an order to protect you from any
significant expense resulting from the inspection and copying commanded. See Rule 45(c)(2)(B) of the Arizona Rules of Civil
Procedure.
         You may also file a motion in the court in which the case is pending to quash or modify the subpoena if the subpoena:
         7. Does not provide a reasonable time for compliance;
         8. Requires a non-party or officer of a party to travel to a county different from the county where the person resides or
             does business in person; or to travel to a county different from where the subpoena was served; or to travel to a
             place farther than 40 miles from the place of service; or to travel to a place different from any other convenient
             place fixed by an order of a court, except that a subpoena for you to appear and testify at trial can command you to
             travel from any place within the state;
         9. Requires the disclosure of privileged or protected information and no waiver or exception applies; or
         10. Subjects you to an undue burden. See Rule 45(c)(3)(A) of the Arizona Rules of Civil Procedure.

         If this subpoena:
         (a) Requires disclosure of a trade secret or other confidential research, development, or commercial trade information;
              or
         (b) Requires disclosure of an unretained expert's opinion or information not describing specific events or occurrences in
              dispute and resulting from the expert's study made not at the request of any party; or
         (c) Requires a person who is not a party or an officer of a party to incur substantial travel expense;

        The court may either quash or modify the subpoena, or the court may order you to appear or produce documents only
upon specified conditions, if the party who served the subpoena shows a substantial need for the testimony or material that
cannot be otherwise met without undue hardship and assures that you will be reasonably compensated. See Rule 45(c)(3)(B) of
the Arizona Rules of Civil Procedure.
        A command to produce evidence or to permit inspection may be joined with a command to appear at trial or hearing or
at deposition, or may be issued separately.


JP22 (Rev. 10/31/06)/ec/mtilton                                           CANARY BACK PAGE ONLY-Person being subpoenaed
PIMA COUNTY CONSOLIDATED JUSTICE COURT, 115 NORTH CHURCH AVE., TUCSON, AZ 85701-1130

 PLAINTIFF                                             CASE NO.               DEFENDANT




 (Name/Address/Phone)                       REQUEST/ORDER                     (Name/Address/Phone)

  REQUEST TO THE CLERK:
  PLEASE ENTER:

          Enter dismissal:       with prejudice
                                  without prejudice
          Writ of Execution
          Issue subpoena(s) - Number
          Issue transcript
          Writ of Restitution
               Satisfaction of Judgment
          Certified copy of Judgment
          Other:


  PLAINTIFF/AUTHORIZED AGENT SIGNATURE                         DEFENDANT/AUTHORIZED AGENT SIGNATURE

  ISSUED this date:
                                                               CLERK

  TO THE JUSTICE OF THE PEACE:
  PLEASE ENTER:
          Default
          Judgment in the sum of $____________________ and Court Costs of $_____________________,
          Attorney's fees $                   , Interest _____________% per annum (interest is ten percent
          per annum from the date of judgment unless otherwise ordered), Accrued interest $ _____________.



  PLAINTIFF/AUTHORIZED AGENT SIGNATURE                         DEFENDANT/AUTHORIZED AGENT SIGNATURE


  IT IS SO ORDERED this date:
                                                               JUSTICE OF THE PEACE
  Copy of the foregoing mailed this date:
  to:



JP18 (Rev 08/16/06/mt/ec

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:89
posted:8/13/2010
language:English
pages:7