TITLE EIGHT — PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEDURES
Rule 50.2. Post-Judgment Relief from Delinquency
Who May File. A defendant may file for post-judgment relief from delinquency if he is unable to satisfy the judgment, as provided by 7 R. Stat. § 132.107. The petition shall be filed in the action in which the judgment was rendered, under the filing code for a motion, and shall be captioned “Petition for Post-Judgment Relief from Delinquency.” The bar in Rule 50.1(7)(a)(vi) does not prevent the filing of a petition under this rule.
What the Petition Must Show. For a judge to grant a petition for post-judgment relief from delinquency, the defendant must show in the petition, as required by 7 R. Stat. § 132.108:
cause as to why they have failed to pay on time; and
reason as to why there is no plausible way for the defendant to fulfil his obligations under the current judgment.
The showing shall be made by affidavit stating specific facts. A petition that recites only conclusions shall be denied. The affidavit shall state the defendant’s property and income with the particularity required of a statement under Rule 50(7)(c), and the defendant’s willingness, if any, to perform community service in lieu of interest.
Relief the Judge May Order. A judge, upon granting a petition for post-judgment relief from delinquency, may, as provided by 7 R. Stat. § 132.109:
retroactively remove and discharge any interest accrued;
modify the amount of interest accrued so long as it is no greater than the original amount;
relieve the defendant from all disabilities of law relating to delinquency;
create a payment plan for the defendant to repay all current debts; and
waive interest accrued contingent upon the defendant engaging in actions of community service.
Terms of an Order Granting Relief.
An order granting relief shall state which of the forms of relief in subdivision (3) it grants, the amount of interest removed or modified, the terms of any payment plan, and the terms of any community service condition, including the number of hours or days required and the time within which the service shall be performed. Community service ordered under subdivision (3)(e) shall not exceed thirty (30) days.
Where the order relieves the defendant from the disabilities of delinquency, the Clerk shall enter the relief upon the docket and transmit notice to the Secretary of State for correction of the archive maintained under 7 R. Stat. § 132.112, and shall transmit notice to any employer to whom notice of the delinquency was transmitted under Rule 50.1(7)(d).
A defendant relieved from the disabilities of delinquency and placed on a payment plan who performs the plan is protected from a writ of execution and from a further declaration of delinquency by 7 R. Stat. § 132.110 for so long as the plan is performed.
Notice and Opportunity to Respond. The petition is served upon the plaintiff by the electronic filing system upon acceptance of the filing. The plaintiff may respond within forty-eight (48) hours of service. The court may decide the petition on the papers or set it for hearing.
Failure of a Condition. Where the defendant fails to perform a payment plan or a community service condition, the plaintiff may move to vacate the order granting relief. On such a motion, and after notice and an opportunity to be heard, the court may vacate the order in whole or in part, reinstate interest waived under subdivision (3)(e), and restore the status of delinquency, which shall run from the hour of the order of reinstatement.
Successive Petitions. A defendant may file a further petition under this rule only upon a showing of a material change in circumstances occurring after the disposition of the last petition.