What do I do if I receive Notice of Financial Statement—Consumer Debt (form EJ-143) in a consumer debt case?

To reschedule the debtor's examination, you'll have to ask the court. To ask the court, contact the court clerk to set a hearing date, time, and place. The hearing is where you'll ask the court to schedule a new debtor's examination. The hearing date isn't the new debtor's examination date.

• Fill out items 1–7 on form EJ-146. In item 7, explain why you think there should still be a debtor's examination even though the judgement debtor gave you a financial statement.
• Fill out items 8 and 9 only if the judgment you received (like form SC-130, form SC-200, or form JUD-100) is about debt secured, or backed by, other real or personal property.
• If you don't want to go to the hearing you scheduled in step 1, check the box in item 10. If you don't go to the hearing, the court will decide whether to allow you to schedule a new debtor's examination based on
  • your form EJ-146,
  • the judgment debtor's Financial Statement—Consumer Debt (form EJ-144), and
  • any arguments the judgment debtor makes at the hearing.
• Sign and date the form. 

Make at least 2 copies of your completed form EJ-146:

• Make 1 copy to serve on the judgment debtor
• Make at least 1 copy for your own records
• If you plan to go to the hearing, make 1 copy to take with you

• Pick someone to serve a copy of your completed form EJ-146 on the judgment debtor. The person you pick is called a "server." They must be at least 18 years old and can't be involved in your case.  You can't serve your own court papers.
• Pay attention to these important deadlines for serving the judgment debtor:
  • If the server gives your court papers to the judgment debtor in person, they have to do so at least 16 court days before the hearing.
  • If the server sends your court papers by fax, express mail, or overnight delivery, they have to do so at least 16 court days plus 2 calendar days before the hearing.
  • If the server mails your court papers from a California address to a California address, they have to do so at least 16 court days plus 5 calendar days before the hearing.
  • If the server uses electronic service to give your court papers to the judgment debtor, they have to do so at least 18 court days before the hearing. Note: if the judgment debtor doesn't have an attorney, they have to agree to receive court forms by electronic service. Otherwise, your server isn't allowed to use electronic service.

  • For more information on the time to serve the notice and electronic service, read Code Civ. Proc., § 708.111(d)(3), 1005, and 1010.6.

• After your server has given your court papers to the judgment debtor, get them to fill out and sign a proof of service form:

  • If your judgment is for a small claims case, use Proof of Service (Small Claims), form SC-104

  • If your judgment is for another type of consumer debt, use Proof of Service—Civil (form POS-040) or Proof of Electronic Service (form POS-050).

You're almost done!

Now you need to file these papers with the court:

• Your completed, original Notice of Motion and Motion to Require Examination—Consumer Debt (form EJ-146). Make sure it's signed!
• A copy of the judgment debtor's Financial Statement—Consumer Debt (form EJ-144)
• The original proof of service form your server filled out

After the judgment debtor files their Notice of Financial Statement—Consumer Debt (form EJ-143), you have 15 days to file form EJ-146 and form EJ-144. While the proof of service form doesn't follow the same deadline, it's probably easiest to file all the papers together so you don't have to make multiple trips to the court.