The debtor has property that can't be easily levied - digital assets, intangible property, assets in their possession. A turnover order forces them to hand it directly to you or face contempt.
A turnover order under CCP 708.205 is a court order commanding the judgment debtor to transfer specific property to the levying officer (or directly to you in some cases) to satisfy your judgment. It's used when property can't be reached through normal levy procedures.
Think of it as a court-enforced handover. Instead of the sheriff seizing property, the debtor is ordered to bring it to you. Failure to comply is contempt of court - punishable by fines and jail time.
The power of a turnover order comes from contempt. If the debtor refuses to comply, you file for contempt of court. Suddenly the debtor faces jail time for not handing over the property. Most debtors become cooperative when faced with incarceration.
Turnover orders can reach property that traditional levies can't. Here are common targets:
Cryptocurrency wallets and keys, domain names, digital accounts with value, software licenses, online store inventory, NFTs and digital collectibles.
Vehicle titles, stock certificates, bonds, promissory notes, warehouse receipts, bills of lading, deeds, and any negotiable instruments.
Patent rights, trademark registrations, copyrights, trade secrets, licensing rights, royalty streams, and IP assignment documents.
Membership certificates, partnership interests, share certificates, business records showing ownership, buy-sell agreement rights.
Cash in hand, cashier's checks, money orders, safe contents, stored value cards, prepaid debit cards, casino chips.
Items in safe deposit boxes, storage unit contents, property held in vaults, secured personal property the debtor controls.
A turnover order doesn't override exemptions. Property that would be exempt from levy is still exempt from turnover. The debtor can claim exemptions just as they would against a writ of execution. However, many assets reached by turnover orders (business assets, investment property) aren't exempt anyway.
Through debtor examination or investigation, identify specific property to be turned over and prove the debtor has it.
File motion for turnover order under CCP 708.205, describing the property and why levy isn't practical.
Serve motion on debtor. Court holds hearing to determine if turnover order is appropriate.
Debtor must comply. If they refuse, file for contempt. Debtor faces fines and jail until they turn over property.
Your motion should include:
Turnover orders are most effective when you've already conducted a debtor examination. At the exam, you identify what property the debtor has. Then you file for a turnover order targeting that specific property. The debtor already admitted under oath they have it - they can't claim otherwise now.
Sometimes property is held by someone other than the debtor. Understanding when to use each tool is important:
If debtor's property is held by a third party, you may need both tools. First examine the third party to confirm they have debtor's property. Then get a turnover order requiring them to deliver it. If the debtor has the ability to retrieve it, order the debtor to do so.
Yes. Cryptocurrency is the perfect use case for turnover orders. You can't physically "levy" a Bitcoin wallet - it's just numbers. But you can get a turnover order requiring the debtor to transfer cryptocurrency to a wallet you control, provide private keys, or otherwise surrender control of the digital assets. Contempt sanctions ensure compliance.
If they admitted having the property at a debtor examination and now claim it's gone, that raises serious questions. They may be lying (contempt and perjury). They may have transferred it to avoid collection (fraudulent transfer - you can pursue whoever received it). Or it may be legitimately gone. The court can examine the debtor about what happened to the property.
Generally no. Real estate is levied through recording a judgment lien and then executing on the property through sheriff's sale. However, a turnover order can require the debtor to surrender the deed, sign necessary transfer documents, or cooperate with the sale. It's more of an enforcement tool than the primary method for reaching real estate.
Generally no. Due process requires the debtor have notice and an opportunity to be heard before being ordered to turn over property. However, if there's evidence the debtor will hide or destroy property if given notice, you may be able to get an ex parte order. You'd need to show imminent danger of asset dissipation and explain why normal procedures aren't adequate.
Typically the property is turned over to the levying officer (sheriff), who then sells it and applies the proceeds to your judgment. For some property (cash, liquid assets), the turnover may be directly to you. For property that requires transfer (vehicles, real estate), the order may require the debtor to execute transfer documents. The specific procedure depends on the property type.
A turnover order typically specifies a deadline for compliance (e.g., "within 10 days"). If the debtor doesn't comply, you file for contempt. There's no specific statute of limitations on enforcing the order, but you should act promptly. The longer you wait, the more likely the property is gone or the debtor has an excuse for non-compliance.
I obtain turnover orders for cryptocurrency, digital assets, intangible property, and other assets that can't be reached through standard levies. Court-ordered handover with contempt sanctions for refusal.