Order On Motion To Incarcerate Judgment Debtor-Corporate Officer {MAG 14-14}

________________________________________________ Plaintiff(s) in judgment v. ________________________________________________ Judgment Debtor (List corporate officer, as may be appropriate.) GWINNETT MAGISTRATE COURT, STATE OF GEORGIA CASE NO: _________________________ ORDER ON MOTION TO INCARCERATE JUDGMENT/DEBTOR / CORPORATE OFFICER FOR FAILING TO COMPLY WITH ORDER COMPELLING ANSWERS TO POST-JUDGMENT INTERROGATORIES [ ] Plaintiff appeared; [ ] Judgment debtor appeared; [ ] Corporate officer for judgment debtor appeared [ ] Judgment debtor/ corporate officer or judgment debtor filed answers to interrogatories [ ] The Court has personally reviewed the answers to the interrogatories AND [ ] has; [ ] has not; examined the judgment debtor under oath about the answers. [ ] Plaintiff failed to appear [ ] Judgment debtor failed to appear [ ] Corporate officer for judgment debtor failed to appear [ ] Judgment debtor/ corporate officer of judgment debtor failed to file answers to interrogatories. [ ] The Court finds insufficient answers have been filed to comply with the order of this court. DISMISSAL OF MOTION The court hereby dismisses the motion: [] for want of prosecution, the plaintiff failed to appear; [] upon oral request of plaintiff in open court or written request of the plaintiff; [] upon a review of the answers to interrogatories AND the court finds that the answers filed are in compliance with its order to compel answers to post judgment interrogatories. Therefore, the Clerk of Court shall administratively close this action upon the court=s docket. Any party may make a written motion to reopen the case with notice to the opposing party(ies). ORDER FINDING JUDGMENT DEBTOR/ CORPORATE OFFICER OF JUDGMENT DEBTOR IN CONTEMPT OF COURT [] The court finds that jurisdiction and venue is proper in this court; [] The judgment debtor was personally served with notice of this contempt of court hearing; [] The corporate officer of the judgment debtor was personally served with notice of this contempt of court hearing; [] The corporate officer was properly served with the original post judgment interrogatories; [] The Court finds that the corporate officer is in fact a corporate officer of the judgment debtor and is reasonably expected to be able to answer the post judgment interrogatories. The Court finds the [ ] judgment debtor [ ] corporate officer of the judgment debtor, _____________ ________________________________________ is in wilful contempt of the order of the Order Compelling Answers to Post Judgment Interrogatories within Ten Days, IT IS HEREBY ORDERED AND ADJUDGED THAT the [ ] judgment debtor [ ] corporate officer of the judgment debtor is found to be in wilful civil contempt of this Court. The Sheriff of Gwinnett County, or lawful deputy of the sheriff, is commanded to arrest said [ ] judgment debtor [ ] corporate officer of the judgment debtor and incarcerate him/her in the Gwinnett County Detention Center for contempt of court until such time as he/she fully and completely answers all the post judgment interrogatories AND such answers have been received by and approved by a magistrate of this court. Upon incarceration, said person shall be immediately brought before the magistrate "on duty." This______ day of_________________, 20____. _______________________________________ Magistrate Q:\Magforms\MAG 14-14 Order on Motion for Contempt American LegalNet, Inc. www.FormsWorkFlow.com