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An Ex-Parte (Ex Parte) action is a streamlined court proceeding, that is usually decided by judges at a courthouse. Ex-parte actions are most often legally served on affected parties is not exactly the same as most other kinds of proceedings in court. Ex-parte actions are served with regulated, limited, or with no notice properly served upon affected party(s); of any ex parte court hearing and/or any potential order that results. If legal notice is needed, it is served on all opposite party, often defendants or debtors. My articles are my opinions and are not, a legal opinion. I'm a judgment broker, and not an attorney. If you ever want a strategy to use or legal advice, please contact an attorney. Ex-parte civil motions can because of many reasons, including stopping somebody from moving or transferring their asset, or to have things accomplished very fast. An ex-parte proceeding most often require the moving party to appear at their court's law and motion division; with a declaration, a memorandum of points and authorities, and a proposed order. When the ex-parte proposed order is granted, usually it must get served on the opposing party. If service of your approved order is needed, be sure to have a registered process server ready to legally serve it immediately after the judge issues the order; as the order will not be effective unless that is done. In California, CCP 708.120 (a), states that first, an ex-parte application needs to be supplied by a judgment creditor, with declared proof that the 3rd-party probably controls or possesses a judgment debtor's property (valued at least two hundred and fifty dollars). Then, (usually a court clerk) makes an order which directs that 3rd-party person to appear, and answer questions about the debt or property. As this is defined by the law, this limited and unique type of judgment creditor ex-parte paperwork can most often be processed at the courthouse clerk's window. Because of all therecent courthouse budget cutbacks, many courts no longer place a priority on issuing abstracts of judgment or writs for creditors. Some courthouses take six months to eventually process paperwork; and sometimes tell creditors provide replacement checks, as the original ones have long expired. Theoretically, when the court clerk will not to comply with the laws, as an example by refusing to file your memorandum of costs, and/or processing a writ or an abstract; court intervention is necessary and proper. Of course, it's best to always choose one's battles carefully, and only consider ex parte court attempts if your situation is appropriate and urgent. Examples might be near the expiration of a judgment's renewal period, or for an anticipated available asset sale, that requires a quick court filing of a writ or an abstract of judgment. Your wish to be paid, by itself; usually will not really satisfy exigency prerequisite for an ex-parte motion attempt. When it is just a situation of your court clerks being overburdened and underfunded, and cannot file documents quickly; most ex-parte judges will not be happy about a non-urgent circumstance wasting the court's time. Within California, if you have a pressing situation, like buying a writ before your judgment debtor moves an available asset; most ex parte judges will probably agree with not giving notice to the judgment debtor. That can happen because the law permits this, and had you had went through your court clerk, no legal notice would've been served. One could start a discussion with your judge by saying: "pardon me your honor, because of this unique circumstance, I ask the court to please do what the court's busy court clerks can't". In summary, from a judgment collection perspective, ex-parte motions are for circumstances where something need to be done right away. Even though there's been lots of case law written, and writs have been ordered against clerks for not performing their legal job; Most experts would not recommend complaining about the court clerks to any judge. Instead, press the time-sensitive of the situation, and that many months of delay delay would mean the judgment debtor's available asset will likely be gone. Judgment collection is a recovery attempt, which means to collect or enforce a judgment. Buyers can help with any judgment recovery efforts. Mark D. Shapiro of http://www.JudgmentBuy.com - The fastest and easiest free way to find the best expert to buy or recover any judgment.
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