Legal Question in Credit and Debt Law in California

Re: debtor examination

No. A detbor's examination is a supplemental proceeding which occurs after judgment has been entered.

Re: debtor examination

Your question is a little confusing, so I will do my best to read between the lines.

You cannot conduct a debtor's examination unless you have a judgment or a right to attach order. If you have such an order or judgment, then you can examine third parties that either owe money to the debtor/defendant or who have possession of property belonging to the debtor/defendant.

An interpleader lawsuit is filed when a stakeholder is facing multiple and conflicting claims to a common or limited pot of money. The stakeholder can file the funds with the court and basically force the claimants to fight it out among themselves to determine who is entitled to what.

Even if an interpleader action is pending, you can examine a third party until a restraining order has been isues Section 386(f) of the California Code of Civil Procedure.

If you need further assistance, please feel free to contact my office.

Re: debtor examination

You will need a judgment to do a judgment debtor exam. If you have an independant judgment against the debtor, you can take his exam. You can always do pre judgment discovery in the interpleader action. Please call me if you have any other question.