Judge Ann Bailey Smith

Garnishment enforcement actions may be instituted by paying the fee specified in JRP 508.

Applies to

Withdrawn sale

Incurred expenses are not refunded if a sale is withdrawn.

Judicial sale fees are assessed under Part IV of the Administrative Procedures of the Court of Justice.

Applies to

Objections

Objections to the Master Commissioner's Report must state particulars and include a memorandum of authorities when appropriate.

Applies to

Appraisal

An appraisal must be written, signed by its preparers, and filed in the court record before the sale.

Applies to

Bill of discovery

Bills of Discovery are automatically referred to the Master Commissioner.

The party requesting a sale must file the amount-to-be-raised statement and serve a copy on all parties and the Master Commissioner.

Applies to

Responses and objections

Responses and objections to automatically referred motions must be in writing, filed directly with the Court without a hearing notice, and served within seven days after service of the motion.

Service

Mail

The notice must be sent to the debtor’s or party’s last known address and direct them to appear before the Master Commissioner for discovery and examination at the designated date and time.

A successful bidder may move to confirm a sale at least 10 days after the report is filed; otherwise, a confirmation motion may be filed at least 20 days afterward.

A response to objections may be filed within five days after the objections are filed.

The judgment creditor must call the Master Commissioner’s Office to schedule discovery, then by the close of the second business day file the notice with the Clerk and deliver a file-stamped copy and the required fee to the Master Commissioner.