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Checklist for Motion to Renew Judgment

By Pamela Shaw,2014-04-29 07:14
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Checklist for Motion to Renew Judgmentfor,FOR

    Checklist for Motion to Renew Judgment

    ; You must complete a form before you file it. These instructions will help you complete the forms.

     ; The judicial services representative cannot complete a form for you.

     ; Attach a copy of any document referred to in the form.

     ; Keep a copy of all documents for your records.

     ; Attend all court hearings.

     ; Some forms may not apply in your case.

(1) Coversheet

     Print your name and address and those of the other parties and lawyers (if

    known).

     In the blank line next to “Total claim for damages” print the amount you are

    claiming is owed on the judgment.” A jury trial is not permitted for motions so

    check “no.”

     Under “Motion to Renew Judgment” check the box next to the range of money

    that you are claiming is owed on the judgment. That determines your filing fee.

     Your case will have already been classified when it was originally filed, so you

    can leave page 2 blank.

    (2) Motion to Renew Judgment

     Print your name and contact information at the top of the first page. Check

    whether you are the Plaintiff/Petitioner or Defendant/Respondent or

    Purchaser/Assignee of the judgment. Or whether you are the attorney for the

    Plaintiff/Petitioner or Defendant/Respondent or Purchaser/Assignee.

     Complete the heading exactly as it appears in the judgment even if you are

    not the original judgment creditor.

     If you want to ask for a hearing, check the box next to “hearing requested.” If

    there is no hearing, the judge will decide the motion based on the papers that

    have been filed. If one party requests a hearing and the other party does not,

    both parties are still allowed an opportunity to present oral arguments, if a

    hearing is held.

     Paragraph (2): Check the correct box to show whether you request a hearing. 2011.05 1

Attach any required documents and forms.

     Date and sign the form.

     Complete the Certificate of Service.

     Serve the form and any attachments on the other party by one of the methods

    described in the certificate of service. URCP 5 governs service.

     File the original form, attachments and certificate of service with the judicial

    services representative.

    (3) Stipulation

    ; If you and the other party agree about the motion, work with the other party to

    complete the stipulation and file it with the motion. The stipulation must be

    completed and signed by the other party.

    ; The other party should send the forms and attachments back to you to attach

    to the motion and file with the judicial services representative.

    (4) Affidavit Supporting the Motion

     Print your name and contact information at the top of the first page. Check

    whether you are the Plaintiff/Petitioner or Defendant/Respondent or

    Purchaser/Assignee of the judgment. Or whether you are the attorney for the

    Plaintiff/Petitioner or Defendant/Respondent or Purchaser/Assignee. Complete the heading exactly as it appears in the judgment.

     Paragraph (1): Print the date the judge signed the original judgment or its last

    renewal by motion, whichever is later. If the judgment was earlier renewed by

    a lawsuitnot a motionclaiming non-payment, that is treated as an original

    judgment. Check whether the judgment was entered against

    Plaintiff/Petitioner or Defendant/Respondent. Print the date on which the

    judgment expires.

    ; A judgment usually expires 8 years from the latest of:

    o the date the judge signed the judgment;

    o the date the debtor acknowledged the judgment in writing;

    o the date the debtor promised to pay in writing; or

    o the date the debtor last made a payment.

    There are circumstances that stop the statute of limitations from runningat

    least temporarily. You may want to talk with a lawyer if you are claiming that

    the expiration is more than 8 years after the judge signed the judgment.

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     Paragraph (2): Check whether you are the original judgment creditor or

    someone who has purchased or been assigned the judgment.

     Paragraph (3): Use the table to show the amount of the judgment, the

    additional costs and fees that are permitted and the amount paid by the

    debtor. Calculate the post-judgment interest amount.

    o If there is a contract establishing the post-judgment interest rate, use that

    rate to calculate the amount. If there is no contract, the post-judgment

    interest rate is determined by the year in which the judgment was entered.

    For the post-judgment interest rates for judgments entered since 1993,

    see our webpage on Post-Judgment Interest Rates.

     If you are using copies of checks as evidence of payments, use a black

    marker to obliterate the account number and routing number. Do not include

    any private or protected information on this form. When filed, this form is a

    public record. Rule 4-202.09(9) requires that you omit from a public record

    any information that is not itself public information. For a list of records, data

    and information classified as public, private, and protected, see Rule 4-202.02.

     Paragraph (4): This is a necessary condition established by statute. Make

    sure that it is true before signing the affidavit.

     Paragraph (5): Print the date on which the motion and affidavit are served,

    and check the correct box to show whether the debtor or debtor’s lawyer was

    served. Check the correct box to show the method of service and print the

    requested information about where the documents were sent.

     Paragraph (6): This is a necessary condition. Make sure that it is true before

    signing the affidavit.

     Paragraph (7): If the debtor stipulates to renewal of the judgment, check the

    box and attach the stipulation.

     Attach any required documents and forms.

     Date and sign the form in front a court clerk or notary public. Complete the Certificate of Service.

     Serve the form and any attachments on the other party by one of the methods

    described in the certificate of service. URCP 5 governs service.

     File the original form, attachments and certificate of service with the judicial

    services representative.

    (5) Memorandum Supporting the Motion

    ; The parties have a right to file a memorandum that explains the authority for

    their legal arguments, but usually there are no legal issues in a motion to

    renew judgment. The issues usually are fact issuesWho paid for what? And

    2011.05 3

    how much? Facts should be claimed in the Affidavits Supporting or Opposing

    the Motion.

    ; If you do file a Memorandum Supporting the Motion:

     Print your name and contact information at the top of the first page. Check

    whether you are the Plaintiff/Petitioner or Defendant/Respondent, a witness

    for the Plaintiff/Petitioner or Defendant/Respondent or the attorney for the

    Plaintiff/Petitioner or Defendant/Respondent. Or add to the form that you are

    the Purchaser or Assignee of the judgment or witness or attorney for the

    Purchaser/Assignee.

     Check the correct box to show whether the court is the District or Justice

    Court. Print the judicial district number, the county name and the court

    address on the blank lines. Complete the heading exactly as it appears in the

    judgment. Check the box to show that the memorandum opposes the motion.

    Print the name of the motion on the blank line.

     Paragraph (1): Check the correct box to show that the motion is supported by

    the law. State your argument why the motion is supported by the law. Do not include any private or protected information on this form. When filed,

    this form is a public record. Rule 4-202.09(9) requires that you omit from a

    public record any information that is not itself public information. For a list of

    records, data and information classified as public, private, and protected, see

    Rule 4-202.02.

     Attach any required documents and forms.

     Date and sign the form.

     Complete the Certificate of Service.

     Serve the form and any attachments on the other party by one of the methods

    described in the certificate of service. URCP 5 governs service.

     File the original form, attachments and certificate of service with the judicial

    services representative.

    (6) Affidavit Opposing the Motion

    ; An Affidavit Opposing the Motion is a document filed by the other party. If the

    debtor does not agree to the motion, they must file an Affidavit Opposing the

    Motion within 10 days after the motion is served on them.

    ; If the debtor files an Affidavit Opposing the Motion, you may file a Reply to

    that Affidavit. If the other party does not file an Affidavit Opposing the Motion,

    you may file a Request to Submit for Decision.

    2011.05 4

    (7) Reply Affidavit (if applicable)

    ; If the other party files an Affidavit Opposing the Motion, you may file a Reply,

    but only to respond to something being raised for the first time in the opposing

    affidavit. If the opposing affidavit and its supporting documents merely make

    statements of fact against the points you made in your motion and affidavit,

    then you cannot file a reply.

    ; If you file a Reply, you must file and serve it within 5 days after the Opposing

    Affidavit is served on you.

     Print your name and contact information at the top of the first page. Check

    whether you are the Plaintiff/Petitioner or Defendant/Respondent or

    Purchaser/Assignee of the judgment. Or whether you are a witness or the

    attorney for the Plaintiff/Petitioner or Defendant/Respondent or

    Purchaser/Assignee.

     Complete the heading exactly as it appears in the judgment.

     Paragraphs (1)(A) and (2)(A): Check the correct box to show whether the

    statement is from the Opposing Affidavit or Opposing Memorandum. Print the

    number of the paragraph from the document that you disagree with. Quote

    the statement exactly.

     Paragraphs (1)(B) and (2)(B): Explain why you disagree.

     Omit any private or protected information. When filed, this document is a

    public record. Rule 4-202.09(9) requires that you omit from a public record

    any information that is not itself public information. For a list of records, data

    and information classified as public, private, and protected, see Rule 4-202.02.

     Attach any required documents and forms.

     Date and sign the form before a court clerk or notary public. Complete the Certificate of Service.

     Serve the form and any attachments on the other party by one of the methods

    described in the certificate of service. URCP 5 governs service.

     File the original form and certificate of service with the judicial services

    representative.

    (8) Request to Submit for Decision

    ; The motion and other documents will not be given to the judge to decide until

    one of the parties completes and files a Request to Submit for Decision.

    Either party may file a Request, but someone must do so.

    2011.05 5

    ; Do not file the Request to Submit for Decision until after the Reply to the

    Statement Opposing the Motion has been filed or the time for filing has

    passed. (5 days after the Statement Opposing the Motion was served.) ; If the parties stipulate to the motion, file the Request to Submit for Decision

    with the Motion, Stipulation and proposed Findings of Fact, Conclusions of

    Law and Order.

     Print your name and contact information at the top of the first page. Check

    whether you are the Plaintiff/Petitioner or Defendant/Respondent or the

    attorney for the Plaintiff/Petitioner or Defendant/Respondent. Or add to the

    form that you are the Purchaser or Assignee of the judgment or the attorney

    for the Purchaser/Assignee.

     Check the correct box to show whether the court is the District, Juvenile or

    Justice Court. Print the judicial district number, the county name and the court

    address on the blank lines. Complete the heading exactly as it appears in the

    complaint/petition.