Collecting on your Judgment:


The Judgment Debtor Exam, A quick Review

What is a Judgment Debtor Exam?

This is an in-person examination under oath of a judgment debtor (or third party). The examination is similar to a deposition except held in the court where the judgment was entered. A judgment debtor exam is used to identify property in the possession or control of the judgment debtor (or third person), and to force the debtor or third person to turn over property to the levying officer. This procedure may be utilized every 120 days.

Benefits and advantages

Although a debtor examination is sometimes harder to effect service (it does require personal service on the individual judgment debtor or named Officer of a Corp., LLC, LLP, etc) it offers many advantages. A judgment debtor examination is particularly useful when the judgment creditor cannot locate the assets of a business or an individual debtor. Moreover, the mere service of an examination order on the judgment debtor creates a one-year lien on all of the debtor's nonexempt personal property, and oftentimes motivates the debtor to engage in good faith settlement discussions. Finally, If the Judgment Debtor was served personally and does not appear at the hearing, you can ask the Sheriff to issue a Bench Warrant against the judgment debtor.

What to ask the Judgment Debtor?

I have linked below a sample of questions to ask the Judgment Debtor. Remember, you will be asking the questions directly to the judgment debtor. Some of our clients have reported feeling awkward, overwhelmed or intimidated. This person or company owes you money and is legally "ordered" to answer your questions. I always remind them to be professional and assertive.

Click here for sample questions to ask

smallclaimsdepartment.com Judgment Debtor package

The California Small Claims Court has rules on how many claims and for what amounts one can file. Individuals can file for as much as $7,500.00. However, an individual can only file two cases per year for over $2,500.00 up to $7,500.00. For example, an individual can file one case for $5,000.00 and another for $7,500.00 in a calendar year. After that, this same individual can file as many cases as he/she wants for $2,500.00 or under. We have many clients who will file hundreds of cases per year claiming just under this mark.

Corporations, LLP's, LLC's and Partnerships can claim as much as $5,000.00. They are limited,however, to two cases per calendar year of over $2,500.00 up to $5,000.00. All other cases filed in the same calendar year must be $2,500.00 or under.

smallclaimsdepartment.com assists individuals and companies in all aspects of California Small Claims; anywhere from preparing,filing and serving your claim to assisting with post judgment collection.