What are the service requirements to serve an Application and Order to Produce Statement of Assets and to Appear for Examination?
A Judgement Debtor
in a Small Claims action may be served an Application and ORDER to Appear for Examination (SC-134) and compelled to pay the judgement and provide proof of payment, attend a court hearing to explain why the Judgment Debtor's Statement of Assets was not completed and mailed to the judgment creditor and answer questions regarding assets. The procedure is designed to compel the judgment debtor to complete the form and does not replace the Order to Appear for Examination. The order accompanies a blank form Judgment Debtor's Statement of Assets. Service must be made by personal service ten (10) days prior to the hearing
. If the judgment debtor fails to appear at the court hearing he or she could be cited for contempt of court. The citation could result in a warrant being issue for contempt of court and the judgement debtor being jailed if the SC-134 was personally served by a sheriff or a Registered Process Server.
(CCP 116.820, 116.830)
How much does it cost to serve a Small Claims Application and Order to Appear for Examination (SC-134)
For a Routine Service of a Small Claims Order to Appear SC-134 the service fee is $150. If you waited too long and there is less that 17 days prior to the hearing it is not considered Routine, there is an additional Rush Fee of $50, making the total ...
How do I serve a Temporary Restraining Order?
A Temporary Restraining Order (TRO) is an Order restraining the person or entity served from doing something or to suspend certain behavior. The TRO must be Personally Served because the person served must abide by the Order; otherwise the person ...
What is Personal Service?
PERSONAL SERVICE ON AN INDIVIDUAL Is made when the documents for service are delivered directly to the defendant or witness. It is usually presumed that the process server delivers the documents in hand to the person and that service is made ...
Order to Show Cause
An Order to Show Cause (OSC) is an order from the court commanding the person or business entity to appear at a hearing. The order compels the person served to personally appear and show cause why the court should not rule against him/her. Service ...
What if the Defendant is AVOIDING service?
What do you do if the defendant is avoiding service? Unfortunately, a Process Server cannot force someone to open a door and in the State of California there is no consequence for avoiding service. But, do not fear, just because they are avoiding ...