6-14/120.00 Order For Examination of Debtor of Judgment Debtor



    A judgment creditor may obtain an order to examine a third party in possession of the judgment debtor’s property. Mileage fees at the rate of $0.20 a mile to and from the third party’s residence must be tendered at the time of service. Service of the order creates a lien on the debtor’s property for one year. The debtor must also be served personally or by mail at least ten days before the hearing. Failure to appear to punishable as a contempt. The third party may not be required to appear before a court outside the county of the third party’s residence unless the distance is less than 150 miles. The court may issue an order forbidding the transfer of the property to the debtor until ownership is determined or a creditor’s lawsuit is filed. The court may also order that the property be applied toward the satisfaction of a money judgment thereby creating a lien on the property. A court seal is not required on the order. The debtor may file a claim of exemption with the court. (CCP 708.120)