Identifying the Judgment Debtor's Property (Supplemental Proceedings)

Talk to an Attorney

Identifying the judgment debtor's property can be complicated. Consider talking to an attorney to go over your options. One way to talk to an attorney is to visit a free legal clinic. Clinics provide general legal information and give brief legal advice.


Collection Writs

If the judgment debtor does not pay in full, or make satisfactory arrangements for payments over time, there are procedures to seize and sell the debtor's non-exempt property to pay the judgment. Use a Writ of Execution to seize and sell property under the debtor's control. Use a Writ of Garnishment to seize and sell property under the control of someone other than the debtor, such as the debtor's bank (bank account) or the debtor's employer (wages). There is a filing fee for a Writ of Garnishment or a Writ of Execution. For more information, see our webpage on Fees.


Hearing to Identify the Debtor's Property

Before the court will issue a Writ of Garnishment or a Writ of Execution, the creditor must identify the property to be seized and its location.

The creditor can ask the court to order the debtor to attend a hearing and answer questions about his or her property. This hearing is often called a "supplemental proceeding" and the order scheduling the hearing is often called a "supp order."

The creditor can also send written questions to the debtor. If the debtor serves the answers on the creditor at least 3 days before the hearing and answers the questions to the creditor's satisfaction, the creditor will cancel the hearing. This saves time and money for both parties.


Sanctions for Failing to Appear at the Hearing


Bench Warrant

If the debtor fails to appear at the hearing, and if the order scheduling the hearing was served on the debtor personally, the creditor can ask the court to issue a bench warrant. When the court issues a bench warrant, it will: (1) reschedule the hearing; and (2) set a bail amount. A bench warrant must be served on the debtor by a constable or deputy sheriff.

If the debtor appears at the rescheduled hearing, the creditor can ask the debtor to forfeit the bail toward the judgment. If the debtor posts bail and fails to appear at the rescheduled hearing, the debtor can ask the court to order the bail forfeited to the creditor toward the judgment.

If the debtor fails to appear, the creditor can also ask the court to issue another bench warrant with a new bail amount and a new hearing date.

Order to Show Cause (OSC)

If the debtor fails to appear at the hearing, but the order scheduling the hearing was not served on the debtor personally, the creditor can ask the court to issue an Order to Show Cause why the debtor should not be held in contempt. When the court issues and Order to Show Cause, it will reschedule the hearing.


Forms


For Creditors


To Request a Hearing to Identify the Debtor's Property (Supplemental Proceeding)
  • Checklist - PDF Document PDF | Word Document Word
  • Ex Parte Motion for Hearing to Identify Judgment Debtor's Property - PDF Document PDF | Word Document Word
  • Order Scheduling Hearing to Identify Judgment Debtor's Property - PDF Document PDF | Word Document Word
  • Questions about Judgment Debtor's Property - PDF Document PDF | Word Document Word
To Ask for a Bench Warrant or an Order to Show Cause

For Debtors


Related Information


Page Last Modified: 8/10/2011
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