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Ex Parte Motion for Examination of Judgment Debtors

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EX PARTE MOTION FOR EXAMINATION

JUDGMENT DEBTOR(S) OR PERSON HAVING KNOWLEDGE OF JUDGMENT DEBTOR(S);

DECLARATION; ORDER FOR EXAMINATION; EXHIBIT(S)

Form #3DC44

IN THE DISTRICT COURT OF THE THIRD CIRCUIT

DIVISION

STATE OF HAWAIʻI

Plaintiff(s)

Reserved for Court Use

Defendant(s)

Civil No.

Filing Party/Attorney Name, Attorney Number (if applicable), Address, Telephone and Fax Numbers

Select one:

Judgment Debtor(s): Person having knowledge & Relationship to Judgment Debtor(s):

EX PARTE MOTION FOR EXAMINATION OF JUDGMENT DEBTOR(S) OR

PERSON HAVING KNOWLEDGE OF JUDGMENT DEBTOR(S)

TO THE JUDGE OF THE ABOVE-ENTITLED COURT: Judgment Creditor(s) moves the Court to enter an Order directing Judgment Debtor(s) or Person Having Knowledge of the affairs or property of Judgment Debtor(s) listed above to appear before this Court at a time certain, to be examined under Oath as to what property the Judgment Debtor(s) owns or has an interest in and what debts are owing to Judgment Debtor(s), and for such other and further relief as the Court may require.

Date:

Signature of Filing Party/Attorney:

Print/Type Name:

DECLARATION

I have read this Motion, know the contents and verify that the statements are true to my personal knowledge and belief. I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF HAWAI'I THAT THE FOLLOWING IS TRUE AND CORRECT:

  1. I am Judgment Creditor(s) or Judgment Creditor(s)' attorney;
  2. The Judgment (a copy of which is attached as Exhibit A) was entered in favor of Judgment Creditor(s) and against Judgment Debtor(s);
  3. The Judgment has not been appealed (or if appealed, no bond has been filed), reversed, modified, set aside or satisfied except as aforesaid and otherwise remains in full force and effect;

OEKNOW

I certify that this is a full, true, and correct copy of the original on file in this office.

Clerk, District Court of the above Circuit, State of Hawai'i

DECLARATION (continued)

  1. The Judgment Creditor(s) is still the owner and holder of said Judgment; and
  2. I am informed and believe that the person having knowledge of the affairs of Judgment Debtor(s) is acquainted with the financial and business affairs of Judgment Debtor(s).

Signature of Declarant:

Date:

Print/Type Name:

ORDER FOR EXAMINATION

TO JUDGMENT DEBTOR(S) AND/OR PERSON HAVING KNOWLEDGE OF JUDGMENT DEBTOR(S):

YOU ARE ORDERED TO APPEAR AT THE COURT DESIGNATED BY THE CHECKED BOX BELOW:

AND TO BRING WITH YOU all books, papers and documents you have showing or tending to show what property said Judgment Debtor(s) may own or have an interest in and what debts are owing to said Judgment Debtor(s) and for such other and further relief as the Court may require.

COURT DATES AND ADDRESSES:

North and South Hilo Division, 777 Kilauea Ave., 2nd Floor, Hilo, Hawaiʻi at 8:30 a.m. on the second Wednesday following the date of service, and should said Wednesday be a legal holiday then upon the next Wednesday.
Puna Division, 777 Kilauea Ave., 2nd Floor, Hilo, Hawaiʻi at 8:30 a.m. on the second Monday following the date of service, and should said Monday be a legal holiday then upon the next Monday.
North and South Kona Division, 79-1020 Haukapila St., Kealakekua, Hawaiʻi at 8:30 a.m. on the second Tuesday following the date of service, and should said Tuesday be a legal holiday then upon the next Tuesday.
Ka'u Division, To be heard at North and South Kona Division, 79-1020 Haukapila St., Kealakekua, Hawaiʻi at 8:30 a.m. on the second Tuesday following the date of service, and should said Tuesday be a legal holiday then upon the next Tuesday.
South Kohala Division, 67-5187 Kamamalu St., Kamuela, Hawaiʻi at 1:00 p.m. on the second, fourth or fifth Thursday of the month following the date of service which is at least 72 hours prior to the court date and should said Thursday be a legal holiday then upon the next Thursday.
Hamakua Division, To be heard at South Kohala Division, 67-5187 Kamamalu St., Kamuela, Hawaiʻi at 8:30 a.m. on the first Thursday of the month depending on when you receive this Order. You must appear on the first Thursday of the month if you are with this Order prior to 72 hours before the first Thursday of the month. Otherwise, you must appear on the following month's first Thursday. If the first Thursday is a legal holiday, you must appear on the first Thursday of the following month.
North Kohala Division, To be heard at South Kohala Division at 67-5187 Kamamalu St., Kamuela, Hawaiʻi at 1:00 p.m. on the fourth Wednesday of the month depending on when you receive this Order. You must appear on the fourth Wednesday of the month if you are served with this Order prior to 72 hours before the fourth Wednesday of the month. Otherwise, you must appear on the following month's fourth Wednesday. If the fourth Wednesday is a legal holiday, you must appear on the fourth Wednesday of the following month.

THIS ORDER SHALL BE VOID AND OF NO EFFECT IF IT IS NOT SERVED WITHIN 6 MONTHS OF THE DATE OF THIS ORDER.

IF YOU DO NOT COME TO COURT AS ORDERED, YOU MAY BE ARRESTED FOR CONTEMPT OF COURT.

This Order shall not be personally delivered between 10:00 p.m. and 6:00 a.m. on premises not open to the public, unless a judge of the above-entitled court permits, in writing on this Order, personal delivery during those hours.

Date:

Judge of the above-entitled Court

Wheelchair Access Symbol

In accordance with the Americans with Disabilities Act if you require an accommodation for your disability, please contact the ADA Coordinator at PHONE NO. (808) 961-7424, FAX (808) 961-7411, or TTY (808) 961-7422 at least ten (10) working days in advance of your hearing appointment date. For Civil related matters, please call or visit the District Court Civil Section at Hilo Division, 777 Kilauea Avenue, Hilo, Ph. (808) 961-7515 Kohala Division, 67-5187 Kamamalu St., Kamuela, Ph. (808) 443-2030 Kona Division, 79-1020 Haukapila St., Kealakekua, Ph. (808) 322-8700.

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What the Ex Parte Motion for Examination of Judgment Debtors Is

An Ex Parte Motion for Examination of Judgment Debtors is a court filing used by a judgment creditor to request a post-judgment debtor examination without advance notice to the debtor. The motion asks the court to order the judgment debtor to appear for questioning about assets, income, and transactions that might satisfy a money judgment. It typically includes the judgment details, legal basis for the examination, a proposed order, and any supporting affidavits or proof of service exceptions. Procedures and permissible ex parte relief vary by court and local rules, so the filing must conform to the applicable procedural code and local court practice.

Why This Motion Matters for Enforcing Money Judgments

The motion enables a creditor to obtain judicial authority to question a judgment debtor about assets and to preserve evidence before assets are dissipated. It can lead to an examination order, wage garnishment, bank levy, or contempt referral when supported by proper proof and adherence to court procedures.

Why This Motion Matters for Enforcing Money Judgments

Who Typically Files and Serves This Motion

Parties should confirm standing, local rules, and any statutory prerequisites before filing to avoid procedural rejection.

  • Judgment creditors and their attorneys who seek disclosure of debtor assets to enforce a money judgment.
  • Collections departments in financial institutions or businesses pursuing unpaid commercial judgments.
  • Private attorneys or title claimants seeking to identify transferable assets or avoid fraudulent transfers.

Step-by-Step: Preparing and Filing the Ex Parte Motion

Follow these sequential steps to prepare a compliant ex parte motion and proposed order.

  • 01
    Confirm Standing: Verify you are a judgment creditor and the judgment remains unpaid.
  • 02
    Gather Evidence: Collect the judgment, supporting affidavits, and any records showing debtor evasion of enforcement.
  • 03
    Draft Motion: Prepare the motion, proposed order, and affidavit stating urgency and factual basis for ex parte relief.
  • 04
    File and Present: File with the clerk per local rules and be prepared to present the motion to a judge, including any required chambers submission.

Typical Digital Workflow for Completing and Serving the Motion

Standard e-filing and service workflows streamline the preparation, signing, and court submission of the motion.

Step Configuration
Drafting Use editable template with merge fields for case data
Signature Obtain attorney signature; add notary or verification if required
Filing Submit via court e-filing portal per local format rules
Service Serve opposing counsel and any required parties per procedural rules

Digital Signing and eSubmission Considerations

Retain signed originals, audit trails, and any notarial records according to federal and local retention rules and court preferences.

  • Document Formats: Use PDF/A or court-accepted PDF formats
  • Authentication: Two-factor or identity proofing for attorney signatures
  • Audit Trail: Maintain detailed signing metadata and timestamps

What Happens After You File the Motion

The court will review the motion and determine whether ex parte relief is warranted under local procedural rules.

  • Judicial Review: Judge assesses urgency, sufficiency, and legal basis for ex parte relief
  • Temporary Order: Court may issue a temporary order directing appearance or preserving assets
  • Debtor Examination: If ordered, debtor appears for sworn examination about assets and income
  • Enforcement Actions: Examination results can support garnishment, levy, or contempt proceedings

Timing and Filing Deadlines to Watch

Timelines vary by jurisdiction; observe immediate service requirements and local ex parte scheduling procedures.

Emergency Filing Windows:

Some courts require in-chambers or same-day submission for ex parte requests

Hearing Notice:

Local rules may allow shortened notice; check court rules for exact days required

Service Requirements:

Service on debtor may be required immediately after ex parte order is issued

Retention of Records:

Keep proof of filing and service for the duration of enforcement actions

Follow-up Deadlines:

Comply with any ordered timeline for the debtor examination appearance

Key Case Milestones from Filing to Enforcement

A sequential timeline helps coordinate filing, court response, and enforcement steps after the motion is submitted.

01

Prepare Motion

Draft motion, supporting affidavit, and proposed order before filing

02

Court Consideration

Judge reviews materials for ex parte standards and urgency

03

Order Issued

Court issues an order directing debtor to appear or preserving assets

04

Post-Order Enforcement

Use examination results to pursue garnishment, levy, or contempt

Typical Users and Signers

Each participant should confirm role-specific obligations for signature, service, and recordkeeping under local practice rules.

  • Plaintiff or judgment creditor initiating enforcement actions and document production.
  • Attorney of record who drafts, signs, and submits the motion to the court.
  • Court clerk or judicial staff who process filings and schedule ex parte hearings.

Essential Sections to Include in a Professional Motion

A complete motion groups factual recitation, legal basis, urgency, proposed order, and proof of prior efforts to collect.

Caption

Full court caption with case number and party names so the motion is docketed correctly and associated with the judgment.

Statement of Facts

Concise recitation of the judgment, efforts to collect, debtor behavior, and specific facts establishing exigency for ex parte relief.

Legal Argument

Citation to the applicable statute or rule authorizing debtor examination and explanation why ex parte handling is appropriate.

Affidavit

Sworn affidavit from a creditor or counsel verifying facts, service attempts, and the necessity for immediate judicial intervention.

Relief Sought

Clear description of requested orders such as appearance date, scope of examination, and any asset preservation measures.

Proposed Order

A ready-to-sign order for the judge that includes date, time, place of examination, and specific instructions for compliance.

Information You Should Provide in the Motion

Case Number: Exact docket identifier
Judgment Amount: Principal plus interest
Debtor Name: Full legal name
Creditor Name: Full legal name
Affiant Details: Name and contact
Requested Date: Proposed appearance

Consequences of Improper or Incomplete Filings

Motion Denial: Court may refuse relief
Sanctions: Possible fees or costs
Delay in Enforcement: Collection timeline extended
Loss of Credibility: Judge may question urgency
Contempt Exposure: Improper service can cause disputes
Increased Costs: Additional attorney fees

Common Preparation Errors to Avoid

  • Failing to attach a proper affidavit of facts establishing urgency and good cause for ex parte relief, which often leads to immediate denial.
  • Using an incorrect court caption or case number, causing misfiling or processing delays by the clerk's office and possible rejection.
  • Neglecting to include a ready-to-sign proposed order tailored to the judge's requirements, increasing the chance the court will request revisions.
  • Overbroad or vague requests for relief without specific factual support, prompting the court to limit the scope or require a noticed hearing.

eSignature Vendor Comparison for Filing and Signing Court Documents

Compare basic pricing and key features relevant to preparing, signing, and retaining court filings; signNow is listed first per platform comparison conventions.

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Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial, no credit card Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes (Business Premium) Varies by plan Varies by plan Varies by plan Varies by plan
Audit Trail Yes Yes Yes Yes Yes
Envelope Cap No envelope cap 100 envelopes/user/year Varies Varies Varies

Frequently Asked Questions and Practical Answers

Answers to common procedural, service, and technical questions when preparing and submitting the motion.


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