Debtor's examination in consumer debt cases
If you don't pay what the judge said you owe, the creditor (the side you owe money to) can ask for a debtor’s examination. In consumer debt cases, you must either go to the examination or provide your financial information to the creditor. If you provide your financial information, you don't have to go to the examination. If you go to the examination, you must answer questions about your finances. Read below to learn more about your options 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.
What do I do if I receive form EJ-141 or form SC-136?
If you receive Application and Order to Appear for Examination—Consumer Debt (form EJ-141) or Application and Order to Produce Financial Statement or Appear for Examination—Consumer Debt (form SC-136), you have 2 options:
- Go to court for the examination, or
- Give the creditor your financial information in writing.
What happens at a debtor's examination?
At a debtor's examination, the creditor can ask you about your financial situation. You must answer the questions under oath. This means there can be legal penalties if you lie.
They can ask things like where you work, what you earn, where you bank, and what property you own. They may also ask about what your spouse or registered domestic partner earns or owns.
The examination may take place in a courtroom or an office in the court.
If you decide to go to the examination, look at item 2 on the form you received. It lists the time, date, and location of the examination.
How do I give the creditor my financial information in writing?
You'll need these 3 forms to correctly give the creditor your financial information in writing:
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Financial Statement—Consumer Debt (form EJ-144),
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Notice of Financial Statement—Consumer Debt (form EJ-143), and
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either Proof of Service—Civil (form POS-040) or Proof of Electronic Service (form POS-050).
How do I complete the required forms?
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Fill out form EJ-144
First, read through the entire Financial Statement—Consumer Debt (form EJ-144) to see what information it asks for.
Don't include any bank account numbers or other account numbers on the form.
For items 1 and 2, decide if any of your money or property are "exempt." This means that your money or property can't be used to pay what you owe to the creditor because you need it to support yourself or others.
Only some types of money or property are exempt from being collected. Some types of money and property are exempt if they are needed to support the basic needs of you and your family. Other types have to be exempted by law. So, start off by making a list of all your money and property. Include things like income, vehicles, savings, retirement accounts, valuable artwork and other property.
Next, compare your list with the list of money and property on Exemptions From the Enforcement of Judgments (form EJ-155). Form EJ-155 lists different kinds of money and property that are exempt. See if any of the items on your list are also on form EJ-155.
Next, for any of your items that are also on form EJ-155, you'll need to figure out exactly how much of your item is exempt. This can be confusing since not all of your item may be exempt, only some of it. This can depend though, so pay close attention to this information and ask for help if you need it.
To figure out how much, in dollars, your item is exempt for, read Current Dollar Amounts of Exemptions From Enforcement of Judgments (form EJ-156). For example, if you have a car, it can be exempt for up to $7,500, even if the car is worth more than that (Code Civ. Proc., § 703.140(b)(2)).
If form EJ-156 doesn't list your money or property you found on form EJ-155, you'll need to read the specific law listed for that type of money or property on form EJ-155. For example, if you're trying to figure out how much of your cash is exempt, you'll see that "cash" isn't listed on form EJ-156. So, you'll need to read the specific law listed by "cash" on form EJ-155, which is Code Civ. Proc., § 704.070, to figure out how much of it can be exempted.After you figure out if any of your money or property are exempt, follow these steps:
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If none of your money or property are exempt, check box 1a.
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If all of your money or property are exempt, check box 1b.
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If some, but not all, of your money or property are exempt, check box 1c.
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If any of your money or property is exempt because you need it to support the basic needs of you and your family, check the box in item 2. If you check this box, then when you complete some of the other items on the form, you’ll have to give information about the people who depend on you financially.
Complete the rest of the form. Sign and date the form. If you checked the box in item 2, your spouse must also sign and date the form, unless you and your spouse are separated and not living together.
Once you've completed form EJ-144, make at least one copy of it.
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Fill out form EJ-143
Follow these instructions to fill out Notice of Financial Statement—Consumer Debt (form EJ-143):
- Fill out the name and address of the creditor. You can use the address the creditor gave on form EJ-141 or form SC-136.
- In item 1, fill out the time, date, and location of the debtor's examination. This information is listed in item 2 on form EJ-141 or form SC-136.
- If you checked box 1b on form EJ-144, also check the box in item 2. This says that all of your income and assets are exempt.
- Fill out the rest of the form.
- Make at least 3 copies of the form after you finish it.
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Serve your forms
After you finish filling out your forms, you need to give them to the creditor. This legal process is called service and follows strict rules. Click here for more information on service.
To serve the creditor, follow these instructions:
- Pick someone to give your forms to the creditor. This person must be at least 18 years old and not a part of your case.
- You must have this person, called a "server," serve your papers to the creditor at least 15 days before the debtor's examination. This is the date and time listed in item 2 on either form EJ-141 or form SC-136.
- Give your server the original signed form EJ-144 and a copy of form EJ-143.
- Your server can give these forms to the creditor in a few different ways, including handing them to the creditor, mailing them, or sending them electronically (but the creditor must agree to this beforehand). Read Code Civ. Proc., § 1010.6 for more information on electronic service.
- After your server gives the forms to the creditor, have them fill out and sign either Proof of Service—Civil (form POS-040) or Proof of Electronic Service (form POS-050).
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File your forms
After you complete step 3, you must file, or give, 2 forms to the court clerk at least 15 days before debtor's examination:
- The original signed form EJ-143, and
- The original proof of service form your server filled out at the end of step 3.
If you don't file form EJ-143 and the proof of service at least 15 days before the debtor's examination, you must go to the examination.
Debtor's examination