Antioch California Application and Order to Produce Statement of Assets and to Appear for Examination

State:
California
City:
Antioch
Control #:
CA-SC-134
Format:
PDF
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Description

Application and Order to Appear for Examination: This Application and Order states that the Judgment Debtor is to appear before the court on a set time and date. At his/her appearance, he/she is to produce a statement of assets for the court to determine the best way for him/her to fulfill his/her judgment to the Judgment Creditor.

Antioch California Application and Order to Produce Statement of Assets and to Appear for Examination is a legal document that allows a creditor to collect information about a debtor's assets and summon them to a court hearing for an examination. In bankruptcy proceedings or debt collections cases, this application and order are commonly used by creditors to enforce judgments and recover debts. The Antioch California Application and Order to Produce Statement of Assets and to Appear for Examination, also known as an Order to Appear for Examination, is a crucial mechanism used by creditors to compel debtors to disclose their assets and finances. By doing so, creditors can determine if debtors have hidden assets or potential income sources that can be used to settle their outstanding debts. This legal process consists of two primary components: the application and the order. The application is a formal request filed by the creditor with the court, providing details regarding the debtor, the amount owed, and the reason for the examination. Creditors must present convincing evidence of the debtor's default on the debt or the existence of a judgment against them. Once the court reviews the application, if it is deemed valid, an order is issued. The order, an official document signed by a judge, compels the debtor to appear in court on a specified date and provide a complete and accurate statement of their assets, debts, and financial information. Failure to comply with the order can result in severe penalties, such as fines or potential incarceration for contempt of court. Different types of Antioch California Application and Order to Produce Statement of Assets and to Appear for Examination can include: 1. Application and Order for Regular Examination: This type is used when creditors seek to explore a debtor's assets and finances for general debt collection purposes. It may occur when a debtor fails to make consistent payments or has outstanding judgments against them. 2. Application and Order for Debtor's Examination in Bankruptcy Proceedings: In bankruptcy cases, this type of application and order is commonly used by creditors to gather information during the bankruptcy process. It allows creditors to assess the debtor's ability to pay outstanding debts and potentially object to the discharge of specific debts. 3. Application and Order for Supplementary Examination: In situations where the debtor has previously provided information but has failed to pay the outstanding debts as required, creditors can file this type of application and order. It grants creditors the ability to inquire further into the debtor's financial situation and potentially discover hidden assets or income sources. In conclusion, the Antioch California Application and Order to Produce Statement of Assets and to Appear for Examination is a crucial tool for creditors to collect information on a debtor's assets and summon them to a court hearing for examination. It plays a significant role in debt collection cases, bankruptcy proceedings, and enables creditors to determine the debtor's financial situation and potentially recover their debts.

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FAQ

When you win a lawsuit, you can collect the total amount of the judgment entered by the court, plus any costs incurred after judgment and accrued interest on the total amount. To have costs and interest added to the amount owed, you must file and serve a Memorandum of Costs After Judgment (MC-012).

The main ways to legally avoid appearing at a debtor examination are to pay off the debt or reach a settlement with the creditor that provides a way for paying back the debt. You also may be able to avoid the examination by filing for bankruptcy, which will trigger an automatic stay of collection efforts.

There are several options for collecting a judgment in California including, levy a bank account, garnish wages, perform a till tap levy or action a keeper levy.

This examination is a formal court proceeding in which the judgment creditor may question the debtor to obtain information about the location and value of the judgment debtor's assets, including paychecks and other sources of income, bank accounts, stocks and other investments, and personal and real property.

How do I collect my money? If you know where the Judgment Debtor banks, you can ask the Sheriff to collect money from their account (bank account levy). If you know where the Judgment Debtor works, the Sheriff can collect 25% of the debtor's wages each pay period until your judgment is paid in full (wage garnishment).

An Order of Examination is a court process to aid enforcement of a monetary judgment. The party being examined will be required to furnish information to aid in the enforcement of a monetary judgment.

The MC 012 is used to keep a running total of all costs, credits/payments, and interest accrued after. the final Entry of Judgment. Number 1. a) I claim the following costs after Judgment incurred within the last two years. 1) Complete if you filed an Abstract of Judgment (Form EJ-001).

How do I collect my money? If you know where the Judgment Debtor banks, you can ask the Sheriff to collect money from their account (bank account levy). If you know where the Judgment Debtor works, the Sheriff can collect 25% of the debtor's wages each pay period until your judgment is paid in full (wage garnishment).

A prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of service of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure section 664.5 or the date of service of written notice of entry of judgment or dismissal, or within 180 days

You only need the full name of the Judgment creditor and full name of judgment debtor in order to fill out the form. Once the form SC-134 is filled out, bring the completed form to the civil clerk window inside the courthouse. The clerk will return the forms to you with a court date.

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California Bureau of Private and Postsecondary Education . Look up information on failed banks, including how your accounts and loans are affected and how vendors can file claims against receivership.In order to facilitate implementation of land uses and development standards as outlined in the Specific Plan. On August 25, 2020, Kyle Rittenhouse, a 17-year-old from Antioch, Illinois, fatally shot two men and wounded another in Kenosha, Wisconsin.

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Antioch California Application and Order to Produce Statement of Assets and to Appear for Examination