Legal Question in Credit and Debt Law in California
During a Debtors Exam.....
Hello, i have a debtors exam( i am the creditor) in May 2004 and somewhere in one of the questioned submitted, that a creditor can apply for and have the sheriff make the debtor hand over any monies the debtors has RIGHT there at the exam ,its this a court order? or a sheriffs order? or both or am i just wishfull thinking? also at this exam can i make sure that the debtor does not make any changes( to bank accts, assets ect.)before and after the exam?Do you have any advise for me before the exam? Thank you
3 Answers from Attorneys
Re: During a Debtors Exam.....
The exact details of how to conduct a debtor exam, and a sample turnover order, are printed in "Collect Your Judgment," published by Nolo Press (www.nolo.com), available at most California public libraries and courthouse law libraries. Also, you might want to hire a court reporter to attend the examination.
Re: During a Debtors Exam.....
Take nothing to the exam, neither cash nor jewelry, inasmuch as whatever you have of value on your person is subject to a "turn over order" and order of the court. If you do not have any assets when you get to the hearing, you can truthfully answer so, remember always, that you will be place under oath and are subject to charges of perjury if you lie.
Re: During a Debtors Exam.....
What's an exam? You mean interrogatories? Have you commenced an action? Do you have a judgement? Is this court ordered exam of the debtor? Normally with a judgement, you refile it for an abstract, get a court ordered exam along with interrongatories if necessary, and then bring it to the sheriff's to enforce on whatever assets they have. Attorney's fees are not included, but other costs are. You may contact me if you are trying to get a judgment or enforce one potentially on contingency, but I'd need more facts.