An examination of a judgment debtor in California is the topic of this bog post.
An examination of a judgment debtor in California has certain advantages if used in the right situations. This blog post will discuss some common advantages of an examination of a judgment debtor in California.
Common advantages of an examination of a judgment debtor in California.
The most common advantages of an examination of a judgment debtor in California are:
If the judgment debtor fails to appear at their examination the Court can Pursuant to a warrant, have the person brought before the court to answer for the failure to appear and may punish the person for contempt, or Issue a warrant for the arrest of the person who failed to appear as required by the court order, pursuant to Section 1993. See Code of Civil Procedure section 710.170(a)(1)(A) and (B).
If the failure of the judgment debtor to appear at the examination was without good cause the Court can award the judgment creditor their reasonable attorney’s fees incurred in the examination proceeding. Attorney’s fees awarded against the judgment debtor shall be added to and become part of the principal amount of the judgment. See Code of Civil Procedure section 708.170(a)(2).
Service of the Application and Order for Appearance and Examination creates a one year lien on the personal property of the judgment debtor for a period of one year from the date of the order unless extended or sooner terminated by the court. See Code of Civil Procedure section 708.110(d).
I have been collecting judgments in California since 1992 and I have seen first-hand how powerful an examination of a judgment debtor in California can be if you utilize them in the right situations. An examination of a judgment debtor in California is very useful in cases where you are unable to locate any assets in the name of the judgment debtor.
I will give two examples of how powerful an examination of a judgment debtor can be.
Over 20 years ago I appeared in Small Claims Court in Orange County, California on behalf of a property management company that had obtained a judgment against a small company. The company did not show up and the Judge issued a warrant for the arrest of the company executive that had been served. The hearing was in the morning and within a few hours I received a call from someone at the company asking me how much they needed to pay to satisfy the judgment. I gave them the amount and they asked me to come by their offices in one hour and they would have a Cashier’s Check for the full amount ready for me. I went to the offices and picked up the check and it was still early in the afternoon!
I am now working on a case for an attorney (early February 2017) in which a Judge in the Downtown Courthouse in Los Angeles, California gave the judgment debtor one hour to obtain their bank records and come back to the judgment debtor examination or they would have them arrested and they would spend the weekend in jail for contempt!
In that same case the Judge has already awarded the attorney over $3,500.00 in attorney’s fees because the judgment debtor has repeatedly failed to produce the requested documents even though the judgment debtor examination has been continued several times. The Judge also asked the attorney to prepare an order to show cause regarding contempt to the judgment debtor ordering them to appear on a certain date and then and there show cause why they should not be held in contempt for repeatedly failing to comply with Court orders.
I have prepared a sample document that contains 4 sample documents for use in an examination of a judgment debtor in California.
The documents included are
(1) Notice of continuance of judgment debtor examination;
2) Declaration in support of request for attorney's fees and costs for failure of judgment debtor to appear at the judgment debtor examination;
(3) Order awarding attorney's fees and costs for failure of judgment debtor to appear at the judgment debtor examination, and
(4) Order to show cause regarding contempt for failure to appear at the judgment debtor examination.
Sample documents for an examination of a judgment debtor in California for sale.
Attorneys or parties in California that would like to view a portion of a sample 10 page documents for an examination of a judgment debtor in California containing brief instructions sold by the author can see below.
The author of this blog post, Stan Burman, has collected California judgments since 1992, and is a freelance paralegal that has worked in California and Federal litigation since 1995 and created over 300 sample legal documents for sale.
For licensed attorneys and law firms that need assistance with any California or Federal litigation matters, Mr. Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.
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Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.
The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.