Cal. R. 3.1905

As amended through September 20, 2024
Rule 3.1905 - [Effective 1/1/2025] Debtor's examinations in consumer debt cases
(a)Service of order to appear for examination

A judgment creditor who serves Application and Order to Appear for Examination-Consumer Debt (form EJ-141) or Application and Order to Produce Financial Statement or Appear for Examination-Consumer Debt (form SC-136), as provided in Code of Civil Procedure section 708.111(c), must include copies of Information on Debtor's Examinations Regarding Consumer Debt (form EJ-140-INFO/SC-136-INFO) and Current Dollar Amounts of Exemptions From Enforcement of Judgments (form EJ-156) with the service.

(b)Filing of notice of motion and motion to require examination

A judgment creditor who files Notice of Motion and Motion to Require Examination-Consumer Debt (form EJ-146) to move the court to require the judgment debtor to appear for examination, as provided in Code of Civil Procedure section 708.111(d), must physically or electronically attach a copy of the judgment debtor's Financial Statement-Consumer Debt (form EJ-144) to the motion.

Cal. R. Ct. 3.1905

Adopted effective 1/1/2025.

Advisory Committee Comment

The requirements of subdivision (a) are in addition to those of Code of Civil Procedure section 708.111(c), including that a judgment creditor who serves form EJ-141 on a judgment debtor must include blank copies of Notice of Financial Statement-Consumer Debt (form EJ-143), Financial Statement-Consumer Debt (form EJ-144), and Exemptions From the Enforcement of Judgments (form EJ-155) with the service.