Wage garnishments and collections
in Law ·
As far as I can tell, the court acts as little more than a middleman in this whole process—just a bridge between the deceased's estate and the notary. Honestly, I don't see why this even lands on the court's desk instead of being handled automatically; if there’s a dispute, the court will step in anyway. As it stands, the court just assembles the file, forwards it to the notary along with any relevant excerpts from the registry, and once it comes back, the probate order is filed away. The real headache is when they have to pull everything out of the archives again because some previously undiscovered assets turn up, forcing them to send it all back to the notary.
And yes, most of the time, the local administrative offices send death certificates straight to the court. Sometimes they don't. And occasionally, notaries will hold onto the final orders if the parties haven't cleared their fees—they basically sit on the paperwork until the check clears.
If you try to file an enforcement motion against a deceased person, the court actually has the right to reject it on the grounds that the individual is passed away. Technically, the motion should be filed in the name of the heir, but... well, good luck navigating that minefield.
And yes, most of the time, the local administrative offices send death certificates straight to the court. Sometimes they don't. And occasionally, notaries will hold onto the final orders if the parties haven't cleared their fees—they basically sit on the paperwork until the check clears.
If you try to file an enforcement motion against a deceased person, the court actually has the right to reject it on the grounds that the individual is passed away. Technically, the motion should be filed in the name of the heir, but... well, good luck navigating that minefield.