Legal Question in Credit and Debt Law in California

order to appear for examination hearing

How much information do I have to supply for an order to appear for examination? - enforcement of a judgement. Childrens names/SSN requested - why? Asking for 65 different docs, expensive to reproduce. Credit Union suing us even though we are current with our auto payments and have been since lawsuit filed. Thought we could appeal - not served properly - lost - now into default judgement.


Asked on 2/22/06, 12:52 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: order to appear for examination hearing

They're entitled to a very wide field of inquiry, i.e. to leave no stone unturned in the search for assets which might be used to satisfy the judgment.

Thus, seemingly remote questions are relevant if they could reveal the existence and location of the your assets. This includes, for example, questions about: your children; your employment history and birthplace; names and addresses of the your partners, coshareholders, co-officers and codirectors; and the contents of the your will. The form questionnaire asks about a debtor's social security number as well, although there are issues of privacy. You might wish to consult with a lawyer to discuss how to prepare for the examination.

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Answered on 2/22/06, 1:25 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: order to appear for examination hearing

The judgment creditor can ask for any document or evidence that is reasonably calculated to lead to the discovery of assets that could be used to collect the judgment. Any objections you have should be made in writing prior to the hearing and the judge can rule on what you can be ordered to produce. Your childrens' names can be relevant if you transferred propertry to their names to hide your assets. In my opinion, you do not have to disclose the childrens' SSNs because of their right to privacy.

Until you file a motion to set aside the judgment and the motion is granted, you owe the money and must obey court orders. Hire an attorney right away before it is too late.

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Answered on 2/22/06, 1:34 pm


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