What is the procedure used by a judgment creditor to obtain an order requiring a debtor to attend a judgment debtor examination?

California, United States of America


The following excerpt is from Lee v. Swansboro Country Property Owners, 151 Cal.App.4th 575, 59 Cal.Rptr.3d 924 (Cal. App. 2007):

For these reasons, a judgment creditor may prefer to utilize the examination process outlined in section 708.110 et seq. This procedure enables a judgment creditor to "obtain an order requiring the judgment debtor to appear before the court, or a court-appointed referee, to furnish information that will aid in the enforcement of the money judgment. [Citation.] At the examination, the judgment creditor has the opportunity to inquire of the judgment debtor regarding the property the debtor has, or may acquire in the future, that may be available to satisfy the judgment. [Citations.] A judgment debtor examination is intended to allow the judgment creditor a wide scope of inquiry concerning property and business affairs of the judgment debtor." (Hooser v. Superior Court (2000) 84 Cal.App.4th 997, 1002, 101 Cal.Rptr.2d 341.) During the course of this examination, "the court may, on the motion of the person to be examined or on its own motion, make such protective orders as justice may require." ( 708.200.)

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