They won't return your calls. They claim they're broke. But California law lets you force them into a courtroom, put them under oath, and make them tell you exactly where the money is hiding.
A debtor examination (also called a judgment debtor examination or "ORAP" - Order for Appearance and Examination) is a court-ordered hearing where the debtor must appear before a judge and answer your questions about their assets, income, and financial affairs - under oath.
Under CCP § 708.110, you can examine the judgment debtor at any time after judgment entry. The debtor has no right to refuse. They must appear, bring requested documents, and answer every question truthfully or face perjury charges.
Most debtors settle rather than face examination. The prospect of sitting in a courtroom, answering questions under oath about hidden assets, is enough to bring many to the negotiating table. Sometimes the threat is more valuable than the exam itself.
Fill out Application and Order for Appearance and Examination with debtor's info and hearing date.
File application with the court that entered judgment. No filing fee for the first exam.
Court signs the order setting examination date and time. Usually same-day or ex parte.
Personal service required. Serve at least 10 days before exam date. Include document demands.
Appear at hearing, ask questions under oath, get answers about every asset they have.
| Form | Name | Purpose |
|---|---|---|
| AT-138/EJ-125 | Application and Order for Appearance and Examination | Request the examination order |
| EJ-115 | Financial Statement | Debtor fills out before exam |
| SUBP-001 | Civil Subpoena (Duces Tecum) | Require documents at exam |
You must personally serve the debtor - mail service isn't allowed for the initial order. Use a registered process server. If you can't find them, you may need to hire a skip tracer or use service by publication.
Come prepared with a comprehensive list of questions. You're under no obligation to limit your inquiry. Ask about everything.
Attach a subpoena duces tecum to the examination order requiring the debtor to bring: last 2 years of bank statements, tax returns, vehicle registrations, property deeds, and any documents showing transfers of property. If they show up empty-handed, that's contempt.
If the debtor fails to appear after proper service, you can get a bench warrant for their arrest under CCP § 708.170.
Debtors who skip examinations can be held in custody until they appear before a judge. They can also be held in contempt with fines up to $1,000 and jail time up to 5 days. Make sure they understand this before the hearing date.
After serving the order, send a letter reminding the debtor of the date and consequences of failure to appear. "If you fail to appear, I will request a bench warrant for your arrest." This often prompts last-minute settlement offers.
Under CCP § 708.110(d), you can only examine the same judgment debtor once every 120 days - unless you can show the court that:
Schedule exams strategically:
Yes. Under CCP § 708.120, you can examine third parties who may have property of the debtor or owe money to the debtor. This includes employers (wages owed), banks (account information), tenants (rents owed), and business partners. See our third-party examination guide.
"I don't remember" is a common evasion tactic. Press for specifics: "Do you have any bank accounts?" "I don't remember." "Have you used a debit card in the last week?" "Yes." "What bank issued that card?" They can claim faulty memory, but contradictions and implausibility become evidence of perjury or contempt.
Yes, the debtor can have an attorney present, but the attorney cannot prevent them from answering. They can object to questions, but since this is an examination (not discovery), most objections don't apply. The debtor must still answer questions about their assets - that's not privileged information.
Yes, and you should. Hire a court reporter to create a transcript of the examination. This is critical if you need to prove perjury later, or if the debtor denies making statements. It also shows the debtor you're serious. You pay for the reporter, but the cost is recoverable as an enforcement expense.
A bankruptcy filing triggers an automatic stay that halts all collection activity, including debtor examinations. You cannot proceed with a scheduled exam after bankruptcy is filed. However, information you already obtained remains valuable - you'll know what assets to investigate in the bankruptcy case.
You can ask the court to issue a "keeper" order at the examination if the debtor has property with them (cash, jewelry, etc.). You can also use information obtained at the exam to immediately levy bank accounts or wages - bring prepared levy instructions to serve right after you learn the account details.
I handle California debtor examinations from application through enforcement. Comprehensive question lists, document demands, and follow-up levies when we find the assets.