How to Conduct a Judgment Debtors Exam in California
If you have a judgment against someone, you may be able to conduct a judgment debtors exam. This is a court proceeding where you can ask the judgment debtor questions about their assets and income. You can use the information you learn to collect on your judgment.
Why Conduct a Judgment Debtors Exam?
There are a few reasons why you might want to conduct a judgment debtors exam. For example, you might want to do this if:
You are having trouble collecting on a judgment.
You want to learn more about the judgment debtor's assets and income.
You want to get a lien on the judgment debtor's property.
How to Prepare for a Judgment Debtors Exam
To conduct a judgment debtors exam, you will need to file a Request for Examination with the court. You will also need to serve the judgment debtor with a copy of the request. The judgment debtor must be served personally with a copy of the order for examination at least 10 days prior to the examination. The judgment debtor must be served within 120 miles of where the judgment debtors exam is to take place. If your judgment debtor does not live within 120 miles of the court where your judgment was entered but they are still in California, you can still examine them. You would need to file an abstract of judgment in the court that is within 120 miles along with the order for examination. You can then examine the debtor in that court just as you would where your judgment was entered. When you serve your judgment debtor with the order for examination, you can and should serve them with a subpoena that asks for their critical financial records including bank statements, pay stubs, titles to vehicles, and accounting information on their businesses. This information will help you get a clearer picture of their finances.
What Can You Ask at a Judgment Debtors Exam?
In a judgment debtors exam, you can ask the judgment debtor any questions you want about their assets and income. A lot of the basic questions you would ask, such as where they work or where they bank, should be answered by the document production you requested in your subpoena. If the judgment debtor fails to produce the documents you have subpoenaed, you can request the judge to order the debtor back for a further examination. Additionally, you can ask about the judgment debtor’s spouse.
Can You Seek Additional Orders from the Court at the Exam?
At the judgment debtors exam, you can also ask the court for a turnover order. A turnover order is an order that requires the judgment debtor to turn over any assets that are subject to your judgment. For example, if the judgment debtor has a bank account, you can ask the court for a turnover order that requires the bank to turn over the money in the account to you.
In addition, the service of an order for an examination puts a lien on all of the judgment debtor's personal property for one year.
What Happens If the Judgment Debtor Doesn't Show Up?
If the judgment debtor does not show up for the exam, the court may issue a bench warrant for their arrest.
Conclusion
A judgment debtors exam is a valuable tool that can help you collect on your judgment. If you have a judgment against someone, you should consider it.
An experienced post-judgment attorney can help make the judgment debtors exam a successful experience. If you need help with a judgment debtors exam, contact us here.