What is a Debtor's Examination in California?

Question

What is a Debtor's Examination in California?

Answer

When a debtor allows a judgment to go unpaid for a significant amount of time in the state of California, this allows the creditor the option of filing for a debtor’s examination in order to force the debtor to provide information while under oath in a court of law. The debtors examination can cover both why the debt has not been paid, and where the debtor’s assets are located so that the creditor may have them seized in efforts to recover the debt specified in the original judgment. This information is crucial when debtors move assets around in attempts to hide them from creditors, or when a creditor suspects a debtor is withholding substantial information that could affect the outcome of a judgment.  

In the event that the debtor refuses to appear for the hearing, the creditor may have the ability to ask the court to issue either a bench or arrest warrant in order to force the individual into the court room to provide the creditor any information necessary to obtain resolution for the debt. 

If you are concerned about a debtor's examination or if you have questions about any aspect of debt collection, including the legality of wage garnishment in CA, you may wish to speak to a qualified attorney. Your lawyer can explain both your legal rights and your legal obligations in the state of California when it comes to dealing with debt. 

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