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Law Pro
Law Pro, Attorney
Category: Legal
Satisfied Customers: 24870
Experience:  20 years legal practitioner: real estate, collections, estate, civil, business, and criminal law
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What is a Motion to Dismiss Proceedings Supplemental to E

Resolved Question:

What is a "Motion to Dismiss Proceedings Supplemental to Execution?"
Submitted: 7 years ago.
Category: Legal
Expert:  Law Pro replied 7 years ago.
What state are you in? Who is filing such?
Customer: replied 7 years ago.
Indiana. A debt collector sent this to me. It does not have a filing stamp date.
Expert:  Law Pro replied 7 years ago.

It would seem that they already have a judgment - that's why they are executing based on the judgment.

 

What does the motion to dismiss say?

Customer: replied 7 years ago.

Yes, the already have a judgement. It says:

 

MOTION TO DISMISS PROCEEDINGS SUPPLEMENTAL TO EXECUTION

 

Comes the Plaintiff, by counsel, and now moves the Court to dismiss the Proceedings Supplemental to Execution now pending in this case.

 

As grounds for this motion, Plantiff moves the Court to dismiss the Proceedings Supplemental to Execution pending herein and to cancel the hearing set thereon.

 

 

 

I understand Motion to Dismiss. I DO NOT understand the Proceedings Supplemental to Execution. I contacted the courts today and they have not received a motion to dismiss. My document is dated March 17, 2010.

Expert:  Law Pro replied 7 years ago.
They can go through the courts to perform discovery - send interrogatories or take your deposition. Have you been notice or sent anything?
Customer: replied 7 years ago.
Other than the order to appeal in court and this form, I have received nothing. So this is not a request to dismiss my court date for March 30th?
Expert:  Law Pro replied 7 years ago.
What is your court date for?
Customer: replied 7 years ago.

"Order to Appear in Court to Individual Judgment Defendant." It goes on to say that I am ordered toappear in cour to answer questions to your wages, assets, profits, and other non-exempt property. It was filed stamp dated by the court on January 15, 2010 with a court date scheduled for March 30th. I received the "Motion to Dismiss" etc last week with no filed stamp date. Initially I thought they were dismissing it but took a second look due to the wording of "Proceedings Supplemental to Executive." Again, is this a motion to dismiss or do I need to show up for the orginally scheduled court date?

 

 

Expert:  Law Pro replied 7 years ago.

OK, it would seem that they are requesting the court to dismiss the hearing - that's basically a discovery (to ascertain your non-exempt assets) tactic.

 

What I would do is contact the opposing counsel or his secretary about if that's what they are wanting. If they say "yes", then state your presuming they will be successful in getting the matter discontinued and won't show up for the scheduled court hearing. However, make sure you send them a letter verifying your conversation - that they are attempting to get the hearing dismissed (the judge always grants that type of request) and you won't show up (just in case).

 

 

Customer: replied 7 years ago.
I think I understand most of your response. However, it don't know what "that's basically a discovery etc. means. If they are dismissing it, how is it a tactic? Wouldn't going to court to legally ascertain my assets be more reliable?
Expert:  Law Pro replied 7 years ago.

They are just dismissing the hearing - not dismissing the whole action or marking the judgment satisfied or anything.

 

Your technically under a duty of full disclosure as to their questions (written questions - interrogatories, or oral questions - deposition).

 

I think they must have a conflict or aren't interested in spending the money - I don't know.

 

How much is the judgment for? Who is the judgment creditor or the original creditor?

Customer: replied 7 years ago.

Ok. I understand.

 

The judgment is for $3,361.65 plus post judgement interest. I am not sure who is the original creditor.I suspect it is a credit card or loan company. I was a victim of identify theft in 2005 and this is must be another one of the accounts the man set up. I have been dealing with this for years. I have tried to contact this company but am constantly put on hold. I never received a copy of the original filing as I have moved to another city. I had planned on bring proof of the identify theft to court.

Expert:  Law Pro replied 7 years ago.
Then what you would have to do is "open" the judgment or "strike" the judgment. Were you ever served with original process - the complaint in the matter?
Customer: replied 7 years ago.
No, the order to appear that I received last month was the first I learned of the matter. I have obtained a copy of my credit report and it is a mess. I am now beginning the slow process of contacting each company in an attempt to clear my name. It has worked with several companies but there are still new ones popping up.
Expert:  Law Pro replied 7 years ago.

OK, I understand. Since you didn't receive proper service of the complaint originally you can certainly open the judgment up and fight the matter on the "merits" of the case - that you didn't incur the debt.

 

OK, I go back to my original statements - contact the opposing counsel and see if they are seeking to dismiss the hearing. If so, then make sure you send them a letter confirming such just to CYA if you don't show up and the opposing counsel does.

 

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