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Judgment Debtor Examinations And CCP 708 110







Attempts to recover a judgment may cause judgment owners to correctly schedule debtor examinations (possibly including requests for subpoenaed documents) and have it served personally on their debtor. Occasionally later, the judgment debtor or their lawyer, may request a creditor to sign a stipulation; requesting them to agree to move the current debtor exam date and time to another later date and time.

This article is my opinion and is not, legal advice. I am a judgment expert, and not an attorney. If you want a strategy to use or legal advice, you should contact a lawyer.

The wordings of a signed stipulation between the debtor or their attorney, and their judgment owner; to change a date and time of a scheduled debtor examination; should include a mention of all documents that were previously subpoenaed, and also follow your local court procedures.

By including certain wordings in date and time stipulations, you might increase both the chance that the judgment debtor will arrive on that new stipulated date and time; and the debtor will get more aware that if they do not appear on the date and time of their continued stipulation examination, a bench warrant might be made for the debtor. Even if it is not required by the court, it might be smart to include wordings similar to the six ideas below, in stipulation agreements to extend a date and time of a judgment debtor examination:

1) On November 31, 2012, this court ordered DAN DEBTOR to personally appear before the court, to provide information to aid in the enforcement of the money judgment entered against him in case number 9999999.

2) DAN DEBTOR was personally served with a court order to appear, with a Subpoena Duces Tecum, ordering the personal appearance and the production of documents; by a registered process server on January 4, 2013, at 9:44 AM., at his home at ADDRESS, CITY, STATE, ZIP.

3) The original court order and subpoena ordered DAN DEBTOR to appear with their subpoenaed documents on January 20, 2013, at 10 AM, in Dept. # A, of the Superior Court of California located at (your court's address).

4) DAN DEBTOR now seeks a new stipulated order from this court, moving and continuing the current January 20, 2013 examination to a later date. DAN DEBTOR and CARLOS CREDITOR both agree to a new stipulated date of February 12, 2013, at 10 AM, in Dept. B, of the Superior Court of California located at (the court address).

5) With his signature below, DAN DEBTOR agrees that he understands that if he fails to appear in court on February 14, 2013, at ten AM in Department A (at your court's address); that he may be subject to possible arrest and punishment for contempt of court, and potentially might be exposed to other costs. In California, Code of Civil Procedure 708.110(e) will apply.

6) By his signature below, DAN DEBTOR agrees that he understands that the civil subpoena Duces Tecum previously served upon him is still in effect, and that not obeying that subpoena could be punished as a contempt of court. (In California, there's Code of Civil Procedure 1992). Proposed date and time change stipulations should be signed and dated by both the DEBTOR and the judgment owner. What happens if your judgment debtor later doesn't arrive at their own stipulated exam date and time? Stipulation orders that have phrases similar to the above, with a copy of the original proof of service; might help a judge decide that a civil bench warrant should be ordered. In California, this is described by Code of Civil Procedures 1991, 1209, and 1211.

What happens after you pay for a bench warrant, depends on your county and state. In some places, Sheriffs may pick up debtors for civil bench warrants.


About Author Mark Shapiro :

Mark Shapiro of <a href="http://www.JudgmentBuy.com" target="_blank">http://www.JudgmentBuy.com</a> - The easiest and fastest way to find the right expert to buy or recover your judgment.


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Article Added on Sunday, May 4, 2014
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