How to get a debtor's examination in consumer debt cases
Consumer debt is money you owe for personal or household things — like buying clothes, groceries, or paying for family needs.
It does not include:
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Rent you owe
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Unpaid wages
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Fines owed to employees
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Debts caused by fraud or harm (like someone suing you for an injury)
Check your court judgment
To find out if your case is about consumer debt, look at the judgment papers you got from the court.
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In small claims cases:
If you got a Notice of Entry of Judgment (form SC-130 or form SC-200)
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For form SC-130, look at item 10
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For form SC-200, look at item 9
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If either of these are checked, then it’s a consumer debt case.
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If your judgment isn’t on one of these forms:
You’ll need to read the judgment to see if it says it includes an amount that “concerns consumer debt (Code Civ. Proc., § 708.111).”
If you’re not sure, talk to your court’s self-help center or a lawyer to get 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.
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You can’t ask the court to order someone to go to a judgment debtor exam if they live or have a business more than 150 miles away from the county where you started your case.
Instead, you must file your Application and Order for Appearance and Examination (form EJ-125) in the county where that person lives or has a business.
Steps to file in a different county
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Get an Abstract of Judgment (form EJ-001) from the court where your case is now.
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Fill out Application and Order for Appearance and Examination (form EJ-125)
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Write a short statement that says:
You can write this on a Declaration (form MC-030) and attach it to your EJ-125 form.
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The person lives or has a business more than 150 miles from the court where your case is.
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Because of this, the exam needs to happen in the county where they live or do business.
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File the forms in the court in the county where the person lives or does business.
📌 This court will only handle the exam. Everything else in your case still happens in the court where your case started.
How to ask for a debtor's examination in consumer debt cases
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Which form should I use?
First, you need to figure out which form to fill out.
In a small claims case, you can use either
- Application and Order for Appearance and Examination – Consumer Debt (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 the forms?
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What is it? Form EJ-141 requires a judgment debtor to go to court for a debtor's examination.
In 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.
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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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Ask the court to order the other side to bring financial records
If you want the other side to bring documents to court—like pay stubs or bank statements—you must get a court order called a subpoena.
You can use Civil Subpoena (form SUBP-002) to do this. Use the form to ask for records that help you collect your judgment, such as:
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Pay stubs or proof of income
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Bank statements
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Invoices or payment records
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Employment information
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Investment records (stocks, bonds)
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Car titles or registration
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Deeds or property ownership records
Don’t fill out the form yet. A court clerk must issue (sign or stamp) the subpoena before you fill it out. You can ask the clerk to issue it when you file either:
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Form EJ-141, or
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Form SC-136
Some courts have subpoenas already issued on their websites. You may be able to download and use one of those.
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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 your application and get a court date
Take the original and copies of your application—either form EJ-141 or form SC-136—to the court clerk. The clerk will stamp the forms and give you a court date.
There is a $60 filing fee. The clerk will give you a receipt. You can ask the court to add this fee to the amount the other side owes you.
If you can’t afford the fee, ask the clerk for a fee waiver.
If you have a subpoena
Give the subpoena to the clerk to issue it (stamp or sign it). You don’t file the subpoena.
Once the clerk issues it, you can fill it out. Use page 2 of the subpoena or an attachment page to list the documents you want the other person to bring to the court date.
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Have the court papers delivered (served)
Unless the court gives you permission to do something else, you must have the sheriff or a professional process server deliver (serve) the issued order for appearance and examination and the subpoena, if you have one.
⚠️ Not all sheriff’s offices will serve your forms. Contact them first to ask if they will.
Give the sheriff or process server:
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A copy of your filed application (either form EJ-141 or form SC-136)
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These blank forms:
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Written instructions with:
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The person’s name and address
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The best time of day to try to serve them
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A description of the person
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You’ll need to pay a service fee. The sheriff usually charges around $40 (unless you have a fee waiver).
Professional process server fees vary, so ask about the cost first.
The server must deliver the papers at least 30 days before the court date.
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Check in with server
Check in with the server 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.
Key takeaways
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This page is only for consumer debt cases.
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Use form EJ-141 or form SC-136 based on your situation.
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To ask for financial records, use a subpoena (form SUBP-002) after the clerk signs it.
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Have a sheriff or process server deliver the forms at least 30 days before the court date.
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Always check in with your server before the court date to make sure the papers were served.