Tuesday, May 21, 2013

Orders of Examination

(Civil Code of Procedure §§ 491.110, 708.110, 708.120 & Sacramento Superior Court Local Rule 2.10)

The Order of Examination Calendar is currently assigned to the Honorable Robert C. Hight presiding in Department 44. The clerk of Department 44 may be reached at (916) 874-8243. The calendar is heard Tuesday, Wednesday and Thursday at 9:00 a.m., except for court holidays.

An Order of Examination is a court process to aid enforcement of a monetary judgment.

The party being examined will be required to furnish information to aid in the enforcement of a monetary judgment. The Judgment Creditor or their representative may ask questions relating to:

  1. Personal financial assets.
  2. Property owned by the judgment debtor that is possessed or controlled by the third party examinee.
  3. Debt(s) owed to the judgment debtor by the third party examinee.
  4. Property owned by the defendant that is possessed or controlled by the third party examinee.
  5. Debt(s) owed to the defendant by the third party examinee that is subject to attachment.

The hearing date is self-set and does not need to be reserved. The hearing date must be set at least 45 days from the date of filing.

How to Set a Judgment Debtor Examination

Filing Process:

  • Application and Order for Appearance and Examination of Judgment Debtor (see Form EJ-125 link above)
  • Application and Order for Appearance and Examination of Third Party Judgment Debtor (see Form EJ-125 link above)
  1. An original plus two copies of the Application for Order of Examination must be sent to the General Civil Processing Unit in Room 102 of the Gordon D. Schaber Courthouse. It may be submitted in person, or via U.S. Mail. A file-endorsed copy of the Judgment, if entered prior to November 13, 2007 must accompany the application. If the application is for the examination of a third party debtor, an affidavit supporting the application must also be submitted (Code of Civil Procedure §§ 491.110 or 708.120).
  2. Each Application requires a $60.00 fee.
  3. Once received by the Court, the application is forwarded to the assigned department for judicial signature.
  4. After judicial signature is obtained, the clerk will conform a copy (if provided) and return it to the submitting party via U.S. Mail in the provided self-addressed stamped envelope. If a self-addressed stamped envelope is not provided, the submitting party may print a copy of the signed Application from the court's Document Viewer.

Proofs of Service:

An Application for Appearance and Examination requires personal service on the judgment debtor ordered to appear at least 10 calendar days prior to the hearing.

The Proof of Service must be filed in the department on the day of the hearing pursuant to Local Rule 2.10.

Order of Examination Court Hearing:

On the date of the scheduled hearing, all parties will check in with the clerk of the department. The Judgment Debtor will be given an oath and the examination will proceed privately between the parties.

The court does not provide a court reporter for this calendar. If a court reporter is needed, the judgment creditor shall provide one for the examination.

When the examination is concluded, the parties are released and no further appearance is required.

Continuances:

The court requires a $20.00 fee for all continued hearings. This fee must be paid in Room 102 and the receipt shown to the clerk of the designated Order of Examination department.

An Order of Examination can be continued pursuant to stipulation as follows:

  • At the hearing, the parties may stipulate to continue the matter for further examination or production of documentation.
  • Prior to the hearing, the parties may submit a written stipulation for continuance.

If service of the judgment debtor has not been accomplished, the court will not continue the matter and a new application shall be submitted for processing.

Failure to Appear at Order of Examination:

Upon showing of proper proof of service, the Court will issue a bench warrant for a judgment debtor’s failure to appear.

Civil Bench Warrant:

After the court’s order for a Civil Bench Warrant, the judgment creditor shall submit an original plus two copies of the proper forms for judicial signature and issuance of the warrant. Each warrant submitted for signature shall be accompanied by the Sheriff Department’s fee for service. (CCP §§ 491.160(a)(1)(a), 491.160(a)(1)(b), 708.170(a)(1)(a), 708.170(a)(1)(b)):

Contact the Sheriff Department’s Civil Division at (916)875-2665 for questions regarding service and their corresponding fees.

After obtaining a judicial signature, the clerk will conform the copies, forward the original to the Sacramento Sheriff’s Department and return one copy to the submitting party if a self-addressed, stamped envelope is provided.

Return on Civil Bench Warrant:

Upon service of the Civil Bench Warrant, a hearing date will be set for the judgment debtor to appear before the court. The Judgment Creditor shall also appear to conduct the debtor examination.