They didn't show up to their debtor examination. They thought ignoring the court order would make you go away. Now they're going to learn what happens when the sheriff shows up with handcuffs.
You scheduled a debtor examination under CCP 708.110. You properly served them. The hearing date came, and they didn't appear. This isn't the end - it's an escalation that works in your favor.
Under CCP 708.170, when a judgment debtor fails to appear for an ordered examination, you can get a bench warrant for their arrest. The sheriff will arrest them and bring them to court in custody to answer your questions.
A bench warrant is a court order directing law enforcement to arrest someone and bring them before the court. Unlike a regular arrest warrant issued for a crime, a bench warrant is issued by a judge from the "bench" for failure to comply with a court order.
Nothing motivates a reluctant debtor like the real possibility of arrest. Many debtors suddenly want to negotiate a payment plan when they learn there's a warrant out for them. The threat of jail time transforms uncooperative debtors into eager settlement partners.
Show the court your proof of personal service on the debtor at least 10 days before the exam date.
Show up at the scheduled examination. When the debtor doesn't appear, inform the court.
File application for bench warrant under CCP 708.170. Include proof of service.
Judge signs the bench warrant. It goes into the law enforcement database immediately.
The court will issue the warrant if you demonstrate:
You cannot get a bench warrant if you served by mail or substitute service. The debtor must have been personally handed the examination order. If you used substitute service, you'll need to re-serve personally before you can get a warrant.
Once arrested on a bench warrant, the debtor doesn't simply post bail and go home. They must appear before the judge who issued the warrant. Here's what to expect:
The debtor appears in custody before the judge. Several outcomes are possible:
When the debtor is brought in on a warrant, be prepared to conduct your examination immediately. Bring your full question list and document demands. You may never have them this compliant again.
Before escalating to a bench warrant, some courts prefer you file a motion to compel appearance. This gives the debtor one more chance while putting them on notice that arrest is next.
Each motion creates documentation of the debtor's pattern of evasion. This record becomes valuable if you later need to argue for contempt sanctions, fraudulent transfer claims, or other remedies that require showing the debtor's bad faith.
| Form | Name | Purpose |
|---|---|---|
| AT-138/EJ-125 | Application and Order for Appearance | Original examination order (you already have this) |
| Local form or declaration | Application for Bench Warrant | Request the court issue arrest warrant |
| POS-010 or POS-020 | Proof of Service | Prove personal service on debtor |
| MC-030 | Declaration | Your declaration of debtor's failure to appear |
Each California county has its own procedures for requesting bench warrants. LA County, San Francisco, and other large jurisdictions have specific local forms and hearing requirements. Call the clerk's office or check the court's website for local procedures.
It varies widely. Sheriff's departments prioritize bench warrants below criminal warrants. The debtor might be arrested during a routine traffic stop, when they interact with police for any reason, or when a deputy specifically serves the warrant at their home or work. Some are arrested within days; others take months. The warrant remains active until served or recalled.
Civil bench warrants for failure to appear at a debtor examination typically don't have bail set. The debtor must appear before the judge who issued the warrant. However, some courts set bail amounts on civil bench warrants, especially if the debtor requests release. The judge decides case by case.
This is why you use a registered process server and keep detailed proof of service. The process server's declaration under penalty of perjury is strong evidence. Include photos if your server takes them. The debtor claiming they weren't served must overcome this sworn proof - and their claim can be evidence of bad faith if you can prove they're lying.
Yes. You can file a motion to recall or quash the bench warrant if the debtor agrees to appear or enter into a payment arrangement. Get the agreement in writing first. The court will typically recall the warrant if you request it. This can be valuable leverage for negotiating settlements.
Yes, but usually briefly. The purpose is to compel appearance, not punishment. Most debtors are arrested, held overnight or for a few days until they appear before a judge, then examined and released. Repeat offenders or those who show contempt for the process may face longer detention. The threat is real - make sure the debtor understands that.
California bench warrants are entered in the NCIC database and can technically be served anywhere. However, most out-of-state law enforcement won't actively serve civil bench warrants. The debtor might be arrested if they're stopped for another reason or return to California. Consider domesticating the judgment in their state and conducting examination there instead.
I file motions to compel appearance and bench warrant applications throughout California. When they won't show up voluntarily, we make them show up in handcuffs.