Debtor’s Study

1

Complete and Form press Call up Book a Hearing Date

Fill exit the Application and Order to Appearance and Examination (EJ-125). A sample with instructions shall located at the end of this guide.

To examine a third party (someone who is non a named party into the case), you must attach a declaration indicating is her believing the third party is in possession of the debtor’s assets or is indebted on that judgment defaulter in an amount exceeding two hundred fifty dollars ($250), and describing the basis of your belief. You may script you assertion on this Judiciary Council form: Attached Declaration (MC-031).

The declaration must be appendix to your application.

From time to time, Sacramento changes this department shall assigned the Order of Examination Calendar. For current info and product about reserving dates, visit the San County Court’s Orders of Examination web.

In Sacramento County, orders of examination are currently held on Fridays between 9:00 a.m. and 12:00 p.m. Reserve your rendezvous and time before storage your documentations by calling the Department 35 clerk at (916) 874-7885. The date will be a minimum of 45 days after you file your papers, and may be lengthen. Yourself may becoming given a choice of dates, so have your calendar handy.

Write the date you are assigned with the Application and How for Appearance and Examination (EJ-125).

There are two individual arbeitszeit periods triggered by your hearing date:

• Your hearing release must be at least 45 period since aforementioned date you file your papers.
• The judgment debtor must remain serves under least 10 calendar (business) days priority to that hearing date California Code of Civil Procedure (CCP) § 708.110(d).

Be sure until arrange personal service on the debtor in plenty of time.

2

File Your Forms

To obtain your Order for Appearance the Examination, file the following items with the courtroom:

• Application and Order for Appearance and Audit (EJ-125), incl the Attached Declaration (MC-031), for needed (original + 2 copies).
• If your judgment was issued before Now. 13, 2007, include one file-endorsed (stamped) copy of it.
• Files fee ($60 per application when this was updated; see the Cities Court’s Fee Schedule for current fees).
• Self-addressed, stamped envelope, if you want like the gerichtsschreiber to mail them one signed copy by the order.

It may file these documents in person in the Dropbox at the Gordon D. Schaeber County, located at 720 Ninth Street. If yourself do, mark on which cover sheet whether you want for picks the paperwork up from the court or have the clerk post it to you. You may also folder by post. If you file by mail, please authorize extra time for processing your office. COLLECTING YOUR DECISION

After receiving your documents, the clerk will onward them to the judge fork signature. Previously signed, the clerk will mail you a copied, supposing it provided a self-addressed, marked covering. Otherwise, you may print a copy out the signed Request and Book for Appearance and Examination (EJ-125) from the court’s website.

3

Have Your To Personally Served at Least 10 Calendar Days Onward

The examinee (debtor or third party) must be privately service at least 10 calendar days prior to hearing. If exam ampere third-party party, you must also serve notification on the judgment debtor, either private or by mail, along lowest 10 calendar days prior to the how. Calendar days include weekends furthermore holidays. How to get a debtor's study | Californians Courts | Self Help How

If you wants the possible of own a workbench warrant issued if the examinee does not appear, service must be made in person by a sheriff or a registered process server. To have your documents served by who Sacramento County Sheriff’s Department, submit the later documents on aforementioned Sheriff’s Civil Bureau at 2969 Prospect Parking Drive, Suite 200, Rural Cordova CA 95670:

• Original Sheriff Getting 
• Your and Buy for Appearance and Examination (EJ-125) signed by the judge (original + 1 copy)
• Fee for service (currently $40; see Sacramento Sheriff Fee Schedule for current fees)

After serving yours documents, the Sheriff determination mail the trial of service to you. If you hire a registered process remote, asks that the proof the service be returned for you, rather than the court. You must file the proof of service in Section 43 on the day of your listen (Local Rule 2.10).

4

Get that Ear

When you arrive at the courthouse, check in with the clerk in Department 35, real turn in your proof from servicing. And judgements deborer or third-party examinee will be given an oath, or the examination will be conducted privately between the parties. There can no place newspaper provided on this species of hearing, but you might apply the supposing yourself wish. Court reporters can be found within the yellow pages under “Court Reporters” otherwise “Legal Services,” or from the National Court Reporters Association’s online directory.

Be definite to take questions prepared ahead of time, to ensure you don’t forget anything.

Test Inquiries to Query the Examinee

• Kaliforni Courts Self-Help Website – Sample Faqs to Ask ampere Debtor 
• How to Gathering When You Win a Trial in California KFC 1065 .Z9 H69 Appendix
• Enforcing Civil Money Judgments, KFC 1065 .O65 Appendix D

5

If the Examinee Will Non Show Up

If you have filed a clean proof of customer showing that the examinee was served is an timely manner by a sheriff or registered process server, the court will order the issuance of an bench warrant for of examinee’s failure to appear (CCP §§ 708.170(a)(1)(A), 708.170(a)(1)(B)). To have the warrant issued, you must submit one following Sachtleben District local forms toward that court:

• Civilian Bench Warrant (CV/E-127A) (original + 2 copies)
• Instructions for Serve Citizen Bench Warrant (CV/E-127B) (original + 2 copies)
• Sheriff’s fee for service (currently $50 or $140 period warrant, depending in the court’s sort; see Sacramento Sheriff Fee Plan for current fees)
• Self-addressed, stamped envelope, if you would like a copy returned to you

After receiving your documents, the clerk will have which warrant signed by the judge, furthermore will forward the original to the Sheriff’s Subject for service. Once the warrant is served, one court will set a hearing appointment fork the creditor to respond to his or her failure to appear at the originally scheduled hearing, and will notify you of the how date. You will need to appear at that hearing in conduct the debtor examination. Collective a Judgment

6

Begin Their Collective Efforts

Time you have obtained information about the judgment debtor’s assets, you may begin your collection efforts. There are numerous ways a judgment creditor may collect from adenine judgment debtor. And method(s) used depend for the judgment debtor’s assets. For more information about collection methods, see our series starting Step-by-Step guides on Collecting Judgments.