PART V

REQUEST FOR THE COURT TO COMPEL A THIRD PARTY TO SATISFY THE CLAIM

Section 321.322 If a third party fails to perform in compliance with an order of attachment of the court or the executing officer under section 316, the executing officer shall inform the judgement creditor. In such case, the judgement creditor may file a motion with the court for compelling such third party to perform as ordered by the executing officer or to pay compensation for non-performance to the executing officer. If the court, after conducting an examination, is satisfied that the claim of the judgement debtor actually exists and is enforceable, it may issue an order directing the third party to perform as ordered by the executing officer or to pay compensation in an amount as the court sees fit. If such third party fails to comply with the order of the court, the judgement creditor may apply to the court for execution against the third party as if he or she were a judgement debtor.

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