How to get a debtor's examination in consumer debt cases
You can look at the judgment you received from the court to see if it's about consumer debt.
• For example, in small claims cases, if you received a Notice of Entry of Judgment (form SC-130 or form SC-200), the form will say the judgment includes an amount "concerning consumer debt (Code Civ. Proc., § 708.111)." Look at item 10 on form SC-130 or item 9 on form SC-200. If either of these items are selected, you have a consumer debt case.
• In other civil cases, if you received a Judgment (form JUD-100), look to see if item 7 is selected. If it is, you have a consumer debt case because it includes an amount "concerning consumer debt (Code Civ. Proc., § 708.111)."
• If you received a judgment from the court, but it's not on a Judicial Council form (like form JUD-100 in the last example), you will have to figure out if it includes an amount that "concerns consumer debt (Code Civ. Proc., § 708.111)." Go to your court's self-help center or talk to an attorney if you need help.
If you need information about what the person or business who owes you money earns or owns, you can get a court order for them to come to court to answer questions (called a debtor's examination) about what they earn or own. You can use this information to try to collect the money owed to you.
If the person you're trying to get money from is more than 150 miles away from the county where you started your case, you can't file your application tthere.
Instead, you must file your application in the county where the person you're trying to get money from lives or owns a business.
Here's how to do that:
1. Have an Abstract of Judgment (form EJ-001) issued by the court where your case is now.
2. Fill out your application (either form EJ-141 or form SC-136).
3. Write a statement that explains that the person you're trying to get money from lives or owns a business more than 150 miles away. As a result, the exam must be done in the county where the person you're trying to get money from lives or owns a business. You can write the statement on a Declaration (form MC-030). Attach this statement to the application you filled out in Step 2.
4. File the application (either form EJ-141 or form SC-136) and statement in the county where the person you're trying to get money from lives or owns a business, not the county where you started the case. The county where you file the application and statement will open a case only for the exam. Everything else related to your case will be done through the county court where you started your case.
How to ask for a debtor's examination in consumer debt cases
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Fill out a form
First, you need to figure out which form you need to fill out.
If your case is not a small claims case and you want to ask the court to order a debtor's examination, fill out Application and Order for Appearance and Examination – Consumer Debt (form EJ-141).
If your case is a small claims case, you can use either form EJ-141 or Application and Order to Produce Financial Statement or Appear for Examination – Consumer Debt (form SC-136).
What's the difference between these two forms?
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What is it? Form EJ-141 requires a judgment debtor to go to court for a debtor's examination. If your case is a small claims case, only use form EJ-141 if you already received Judgment Debtor's Statement of Assets (form SC-133) from the judgment debtor or you don't want to require the judgment debtor to give you form SC-133.
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What is it? Form SC-136 requires a judgment debtor in a small claims case to give you a completed Judgment Debtor's Statement of Assets (form SC-133).
If the judgment debtor hasn't paid what they owe you within 30 days after getting a Notice of Entry of Judgment (form SC-130 or form SC-200), they must give you a completed form SC-133. In addition, form SC-136 requires the judgment debtor to go to court to answer questions about their money and property.
Do any of these special situations apply?
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I want to ask for a debtor's examination. The judgment I received isn't for consumer debt.
Don't use form EJ-141 or form SC-136. Use Application and Order for Appearance and Examination (form AT-138/EJ-125) to ask for a debtor's examination. Click here for instructions for filling out form AT-138/EJ-125.
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I want to ask for a debtor's examination. The judgment is for consumer debt, but the person I want to have a debtor's examination isn't the judgment debtor.
You can ask for this, but don't use form EJ-141 or form SC-136. Use Application and Order for Appearance and Examination (form AT-138/EJ-125) to ask for a debtor's examination.
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I want to ask for another debtor's examination of the same judgment debtor.
If you asked the court for a debtor's examination using form EJ-141 or form SC-136, the debtor's examination was scheduled, and then canceled (for any reason), you have to wait one year from the date you asked for the first debtor's examination to ask again. To ask for another debtor's examination, use form EJ-141. Don't use form SC-136.
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Get a subpoena if you need or want documents like financial records
If you want the other side to bring copies of financial records to the court date, like their bank statements or pay stubs, you will need to get a court order (called a subpoena).
- You can use Civil Subpoena (form SUBP-002) and explain that you're requesting the documents to provide you with information to enforce a money judgment. Documents that may help you include pay stubs, invoices, other records regarding employment or payments received, bank account statements, stock, bond or other investment records, car or other vehicle ownership records, deeds, and more.
Do not fill this out yet. A subpoena needs to be issued (signed or stamped) by a court clerk before you fill it out. You can bring it to get issued by the clerk when you file either form EJ-141 or form SC-136. Once the clerk issues it, then you fill it out. Some courts have subpoena forms, already issued, on their websites that you can download.
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Make copies
Make 2 copies of either form EJ-141 or form SC-136 and the subpoena form, if you used one.
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File the form
Take the original and copies of your application (either form EJ-141 or form SC-136) to the court clerk. They will stamp them and give you a court date.
Pay a $60.00 filing fee. Keep a receipt for this. You can have the cost added to what the other side owes you. If you can’t afford the fee, you can ask the clerk for a fee waiver.
If you have a subpoena, ask the clerk to issue it. The subpoena does not get filed. After the clerk issues it, you can fill it out to say what documents you want the person to bring to the exam. Page 2 of the Subpoena has space for you to list what documents you want them to bring or you can use an attachment page.
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Give a professional server the forms
Unless the court orders that you can do something different, you must have a professional server deliver a copy of the issued order for appearance and examination and subpoena, if any, to the person to whom it is directed. Your server must be the sheriff or professional process server.
Not all sheriff's offices will serve your form so contact them to find out.
Give the sheriff or process server:
- A copy of your application you filed (either form EJ-141 or form SC-136)
- A blank copy of Information on Debtor’s Examinations Regarding Consumer Debt (form EJ-140-INFO/SC-136-INFO), Financial Statement–Consumer Debt (form EJ-144), Exemptions From the Enforcement of Judgments (form EJ-155), and Current Dollar Amounts of Exemptions From Enforcement of Judgment (form EJ-156)
- Written instructions with the name and address of the person to serve, best time of day to try to serve, and what the person looks like
- Pay the cost to serve. The sheriff charges about $40.00 (unless you have a fee waiver). Fees for professional servers can vary. Check what they charge before you choose one.
The server must deliver the papers 30 days, or more, before the examination date.
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Check in with server
Check in with the server at least a few days before your court date to find out if the forms were served (if they don't contact you first).
If the other side was served, your server will usually fill out and file a Proof of Service with the court. If they don't, get this from them and file it with the court.
Debtor's Examination
What's next?
A few different things may happen next:
- You may receive Notice of Financial Statement—Consumer Debt (form EJ-143) and Financial Statement—Consumer Debt (form EJ-144) from the judgment debtor. This may require other information and action from you, or
- You may need to start getting ready for the debtor's examination
Below, click the next step button that best fits your situation.