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)

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