A writ of execution lets the sheriff or a registered process server levy on the debtor’s property, but the writ has to be pointed at something: a bank account, an employer, a parcel of real estate. Our articles on bank levies and recording an abstract of judgment cover what to do once you know. This one, first published in 2013, covers finding out, and it has been rewritten for the rules in effect since January 1, 2025.
The Judgment Debtor Examination
The judgment creditor can apply to the court for an order requiring the judgment debtor to appear and answer questions, under oath, about property and income that could satisfy the judgment (CCP § 708.110). The application is on Judicial Council form EJ-125, Application and Order for Appearance and Examination. If the debtor hasn’t been examined in the past 120 days, the court issues the order on an ex parte application; within 120 days of a prior exam, the creditor has to show good cause.
The order has to be served on the debtor personally, in the manner of CCP § 415.10, at least 30 days before the examination date (§ 708.110(d)). The 30 days replaced the old 10-day notice when AB 1119 took effect on January 1, 2025. Service of the order also creates a lien on the debtor’s personal property that lasts one year from the date of the order unless the court extends or ends it.
The order warns the debtor, in bold type, that failing to appear may lead to arrest and punishment for contempt and to an award of the creditor’s attorney’s fees (§ 708.110(e)). If the debtor was personally served by a sheriff, marshal, or registered process server and doesn’t show up, the court can issue a bench warrant (§ 708.170). That is the main reason to have the order served by a registered process server rather than a friend.
Documents, Written Discovery, and Third-Party Examinations
- Subpoena duces tecum. Serve the debtor with a subpoena for documents to bring to the examination, such as bank statements, pay stubs, tax returns, vehicle titles, and deeds (CCP § 708.130; form SUBP-002). Questions go faster when the records are on the table.
- Written interrogatories and document requests. After judgment, the creditor can serve interrogatories (§ 708.020) and requests for production (§ 708.030) on the debtor, with the same response rules as pretrial discovery.
- Third-party examination. A person who holds the debtor’s property or owes the debtor more than $250, such as an employer, a bank, a tenant, or a business partner, can be ordered to appear and be examined (§ 708.120).
- Statement of assets. In small claims, a debtor who hasn’t paid within 30 days after the clerk mails notice of entry of judgment has to complete a Judgment Debtor’s Statement of Assets (form SC-133), and the creditor can ask for an examination on form SC-134.
Consumer Debt Judgments: A Separate Procedure
For a judgment on consumer debt entered on or after January 1, 2025, AB 1119 added CCP § 708.111. The creditor applies on form EJ-141 instead of EJ-125, and the debtor can serve a completed financial statement (form EJ-144) instead of appearing. If the debtor claims that everything is exempt, the court cancels the examination unless the creditor objects by motion and shows good cause, and a creditor whose examination was canceled generally has to wait a year before applying again. Failing to appear leads to an order to show cause rather than an immediate warrant. In small claims the consumer debt application is form SC-136.
The judgment itself says whether it’s for consumer debt (forms JUD-100, SC-130, and SC-200 have the finding), so check that box before choosing the application form.
Public Records and Skip Tracing
A lot can be learned before the examination:
- the county recorder, for deeds, deeds of trust, and other abstracts of judgment recorded against the debtor
- the Secretary of State, for corporations and LLCs the debtor owns or manages, and for UCC financing statements
- the county clerk, for fictitious business name statements
- court records, for other judgments, liens, and cases that name the debtor’s employer or bank
- professional and contractor license records, which list a business address
When the debtor has moved or the employer is unknown, a skip trace can locate a current address and place of employment from sources a creditor can’t search directly. Bank account searches are a different matter: ask about what is lawfully available before ordering one.
Use the Court, Not Pressure
A demand letter that explains the judgment, the interest accruing on it, and the costs the debtor will owe if the creditor has to levy is fair game, and so is an offer of a payment plan. Harassment, threats, false statements, and contacting the debtor’s employer or family to embarrass the debtor are not, and in California they can expose the creditor to liability under the Rosenthal Fair Debt Collection Practices Act (Civil Code § 1788 and following) and the federal FDCPA. Let the examination, the levy, and the garnishment do the work.
Serving the Order and Enforcing the Judgment
Our registered process servers serve the EJ-125 or EJ-141 order and any subpoena personally, which keeps the bench warrant option available, and we file the proof of service. When you know where the assets are, we open the levy with the sheriff, serve the bank or employer, and file the writ and proof of service. See writ levy services, skip tracing, and our federal bank levy checklist for judgments from federal court.
About This Article
This article is general information about California law and court procedure as of October 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Direct Legal Support is a registered process serving and litigation support company, not a law firm. Statutes, court rules, and forms change, so check the current versions and your court’s local rules, and talk with an attorney about your specific matter.
© 2026 Direct Legal Support, Inc. You are welcome to quote a short passage with a link to this page.
Sources
- Code of Civil Procedure section 708.020
- Code of Civil Procedure section 708.030
- Code of Civil Procedure section 708.110
- Code of Civil Procedure section 708.111
- Code of Civil Procedure section 708.120
- Code of Civil Procedure section 708.130
- Code of Civil Procedure section 708.170
- Code of Civil Procedure section 116.830
- AB 1119 (Stats. 2023, ch. 562), chaptered text
- Civil Code section 1788
- Judicial Council form EJ-125, Application and Order for Appearance and Examination
- Judicial Council form EJ-141, Application and Order for Appearance and Examination (Consumer Debt)
- Judicial Council form EJ-144, Judgment Debtor’s Financial Statement (Consumer Debt)
- Judicial Council form SC-134, Application and Order to Produce Statement of Assets and to Appear for Examination
Keep Reading
- Bank Levies in California: What to Assemble Before the LevyUpdated 2026 · Judgment Enforcement and Evictions
- Recording an Abstract of Judgment in California2026 · Judgment Enforcement and Evictions
- Federal Bank Levies in California: Our U.S. Marshal Checklist2026 · Judgment Enforcement and Evictions
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