You cannot levy what you cannot find. Many judgments go unpaid not because the debtor has nothing, but because the creditor does not know where the assets are. California's answer is the judgment debtor examination — a court-ordered session where the debtor must answer questions under oath about income, property, and transfers. This article explains how examinations work, how to prepare for one, and how to convert what you learn into actual recovery.
What a debtor examination is
Under Code of Civil Procedure section 708.110, a judgment creditor may apply to the court for an order requiring the judgment debtor to appear and furnish information to aid in enforcement of the judgment. The examination usually takes place at the courthouse, and the debtor testifies under oath — often with a court reporter present if the creditor arranges one. It is, in effect, a deposition about the debtor's finances, backed by the court's contempt power. Examinations are a core part of any serious debt collection strategy because everything else — levies, garnishments, liens — depends on knowing what exists and where it sits.
Getting the order and serving it
The process starts with an application for an examination order. A few procedural rules matter:
- Personal service. The order must be personally served on the debtor, generally at least 10 days before the examination date. Substituted service is not enough.
- Location. The examination is typically held in the county where the debtor resides or has a place of business, and the debtor generally cannot be required to travel more than 150 miles.
- Frequency. As a rule, you may not examine the same debtor more than once every 120 days without a showing of good cause.
Service does more than compel attendance. It creates a lien on the debtor's personal property for one year (CCP § 708.110(d)) — a quiet but valuable priority position against other creditors.
What happens if the debtor does not show up
A debtor who ignores a personally served examination order is in a dangerous position. The court can issue a bench warrant and hold the debtor in contempt. In practice, the threat of a warrant is one of the most effective pressure points in enforcement — debtors who ignored invoices, demand letters, and even the lawsuit itself tend to appear when a warrant is on the table. If the debtor appears but refuses to answer or gives evasive answers, the court can order compliance and impose sanctions.
What to ask — and what to demand in documents
A productive examination is prepared, not improvised. Pair the examination order with a subpoena for documents so the debtor must bring records, then walk through them methodically. Core territory includes:
- Bank, brokerage, and retirement accounts — institutions, account numbers, balances
- Employment, self-employment income, and who pays the debtor
- Real property owned, and any recent sales or refinances
- Vehicles, equipment, inventory, and other personal property
- Interests in LLCs, corporations, or partnerships, and distributions received
- Accounts receivable, rents, royalties, and money owed to the debtor by others
- Transfers of property in the last several years — to whom, and for what consideration
- Safe deposit boxes, cryptocurrency, and anything held in others' names for the debtor's benefit
The transfer questions matter as much as the asset questions. Testimony that the debtor moved property to a relative or a new entity for little or nothing can support a claim under California's Uniform Voidable Transactions Act to unwind the transfer.
Examining third parties
The debtor is not the only available witness. Under CCP § 708.120, you can obtain an examination order against a third party who holds property of the debtor or owes the debtor more than $250 — a business partner, a family member, a customer who owes receivables, or an entity the debtor controls. Third-party examinations are often more candid than the debtor's own testimony, and service of the order creates a lien on the debtor's interest in the property that the third party holds.
Turning answers into money
An examination is only as good as the follow-through. When the testimony reveals a bank account, levy it promptly — balances move. When it reveals wages, apply for an earnings withholding order. When it reveals receivables or royalty streams, seek an assignment order. When it reveals property in the debtor's hands at the examination itself, the court can order it turned over on the spot. And when it reveals suspicious transfers, evaluate a voidable transaction claim with business litigation counsel. Calendar the one-year examination lien and act well before it lapses.
Talk to a California business attorney
A well-run debtor examination can transform a stalled judgment into a concrete enforcement plan built on sworn testimony. Schedule a free consultation or call (949) 418-2113.
This article is attorney advertising and provides general information only. It is not legal advice and does not create an attorney–client relationship. Facts matter; consult a lawyer about your specific situation.
