You Have a Judgment Now What?
After a trial, the judge awarded my client attorney fees (to my office) and sanctions (to my client) against the other party for their bad faith litigation conduct. He was ordered to pay but has failed to do so—now what?
Code of Civil Procedure (CCP) section 708.110An examination of a judgment debtor (debtor) exam is authorized under Code of Civil Procedure (CCP) section 708.110. This statute allows my client to apply to the court for an order requiring the judgment debtor to appear before the court, at a time and place specified in the order, to furnish information to aid in enforcement of the money judgment.
A judgment debtor exam or order to appear for examination (ORAP) is very similar to a post-judgment deposition. The judgment creditor (creditor: my client and myself) will be allowed to subpoena the judgment debtor (the other party) requiring him to bring documents to the court for our review and ask him questions. The purpose of the hearing is to require the debtor to give information regarding their assets/property/income and general financial status. The creditor (us) are allowed, like in a deposition, the widest scope of inquiry concerning all property and business affairs of the debtor and even third-parties.
The notice to appear and produce documents must be personally served at least 20 days before...The notice to appear and produce documents must be personally served at least 20 days before the examination date (25 days if served by mail). The notice to appear and produce documents should be served with the examination order or even sooner.
What most creditors fail to forget but is critical is that the witness must be provided with a check for the witness fee of $35.00 per day plus mileage fee of $.20 mile each way to and from the courthouse at the time that the notice to appear and produce documents is served. If you do not do so the witness cannot be compelled to appear and produce documents. If you do and the debtor fails to appear, you can request a bench warrant to be issued.