(F) Contempt/Issuance of Body Attachment. The procedure to be used after a debtor fails to appear at a proceedings supplemental hearing shall be as follows:
(1) If a debtor fails to appear at a hearing as ordered, the court shall not issue a writ of attachment unless the procedures set out in this rule are followed. The judgment creditor may file a motion for contempt citation against the debtor for failure to appear. The motion for contempt citation must be filed within thirty (30) days of the failure to appear. The motion for contempt citation shall include a clear statement of the facts alleged to constitute contempt including the date on which the contempt is alleged to have occurred.
(2) The motion for contempt citation and order to appear must be delivered to the judgment debtor personally and proof of personal service must be filed with the court. Personal service includes certified mail signed by the judgment debtor.
(3) If the judgment debtor fails to appear after being personally served with the motion for contempt citation and order to appear, the judgment creditor may file a request for body attachment. The request for body attachment must be filed within thirty (30) days of the debtor’s failure to appear for the hearing in the contempt citation. The request for body attachment must reflect that the order to appear was personally served on the judgment debtor and must include telephone numbers at which the judgment creditor may be contacted as well as sufficient information to identify the debtor.
(4) The writ of attachment shall contain identifying information regarding the judgment debtor including a current address, social security number or date of birth, and distinguishing physical features, if known. The writ shall also contain the date of issuance.
(G) Bankruptcy Stay. Any party seeking a stay due to a bankruptcy filing should file a Notice to Stay the Proceeding stating that they have included the debt at issue with the bankruptcy court and include the bankruptcy cause number.
(H) Releasing Judgments. A party shall file a Release of Judgment with the court after the opposing party has paid a judgment in full. These forms can be found in the Self-Help Legal Center located in the lobby of the Justice Center or online on the County Clerk’s and Courts’ websites.
(I) Dismissals. The party who filed a Notice of Claim, Counterclaim, or Cross-Claim may file a written Motion to Dismiss the claim at any time before the court enters a judgment. These forms can be found in the Self-Help Legal Center located in the lobby of the Justice Center or online on the County Clerk’s and Courts’ websites.