Last updated: 1/30/2017
Notice Of Hearing On Motion To Incarcerate Judgment Debtor-Corporate Officer {MAG 14-12}
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Description
________________________________________________ Plaintiff(s) in judgment GWINNETT MAGISTRATE COURT, STATE OF GEORGIA CASE NO: _____________________ v. ________________________________________________ Judgment Debtor (List corporate officer, as may be appropriate.) NOTICE OF HEARING ON MOTION TO INCARCERATE JUDGMENT DEBTOR / CORPORATE OFFICER FOR FAILING TO COMPLY WITH ORDER COMPELLING ANSWERS TO POST JUDGMENT INTERROGATORIES The Plaintiff, having filed a Motion to Incarcerate Judgment Debtor/ Corporate Officer for Failing to Comply with Order Compelling Answers to Post Judgment Interrogatories, and the same having been read, heard and considered, It is hereby ordered that the [ ] judgment debtor; [ ] the following corporate officer of the judgment debtor, ____________________________________________ be PERSONALLY SERVED by Sheriff of Gwinnett County, or the Sheriff's lawful deputy with a copy of this notice of hearing. This Court will hold a hearing on the Plaintiff's motion on the _____ day of _______________, 20____, at ___________ o'clock ____. M., in the Gwinnett Magistrate Court, 75 Langley Drive, Lawrenceville, GA 30046, Courtroom ________. The court at that time shall determine whether the [ ] judgment debtor; [ ] corporate officer of the judgment debtor; shall be held in willful contempt of this court. BOTH PARTIES ARE REQUIRED TO APPEAR AT THE HEARING. IF THE PLAINTIFF FAILS TO APPEAR THE MOTION WILL BE DENIED. IF THE JUDGMENT DEBTOR/ CORPORATE OFFICER OF JUDGMENT DEBTOR FAILS TO APPEAR, THE COURT MAY ISSUE AN ORDER FINDING THE JUDGMENT DEBTOR/CORPORATE OFFICER IN CONTEMPT OF COURT. SANCTIONS FOR CONTEMPT OF COURT INCLUDE IMPOSING A $200.00 FINE AND/OR ORDERING THE JUDGMENT DEBTOR/CORPORATE OFFICER'S ARREST AND INCARCERATION IN THE GWINNETT COUNTY DETENTION CENTER. IF YOU HAVE AND WITNESS, DOCUMENTS, OR OTHER EVIDENCE YOU WANT THE COURT TO HEAR OR SEE, YOU SHOULD BRING THEM WITH YOU AT THE TIME OF THE HEARING. YOU MAY COME WITH OR WITHOUT AN ATTORNEY. MERELY FILING THE INTERROGATORY ANSWERS WITH THE COURT PRIOR TO THIS HEARING DOES NOT ASSURE THAT THE JUDGMENT DEBTOR/CORPORATE OFFICER WILL NOT BE HELD IN CONTEMPT. THE COURT MUST HAVE THE OPPORTUNITY TO REVIEW PROPOSED ANSWERS IN OPEN COURT. ALL PARTIES SHOULD ATTEND THIS HEARING. If parties are able to resolve this matter prior to this hearing, the Plaintiff must file written notice with the clerk of this court that the Plaintiff's motion to compel answers is withdrawn. Telephone notice is not adequate. Witness the Honorable Kristina Blum, Chief Magistrate This______ day of_________________, 20____. _______________________________ Deputy Clerk MAG 14-12 Notice of hearing on motion to incarcerate (Rev 8-10).wpd American LegalNet, Inc. www.FormsWorkFlow.com