Legal Question in Civil Litigation in California
1) Can I be arrested for not appearing in small claims court for an examination to furnish information to aid in enforcement of a money judgment against me? 2) The order was left on my door. It was not handed to me. Is that legal?
2 Answers from Attorneys
What will happen when you don't show is that a contempt citation will issue charging you with contempt of court. If you show for that you may be fined or face short jail time or community service. If you no-show for that, a warrent will issue for your arrest and you will most likely do jail time.
You don't need to do the contempt citation. If an order for a person to appear at a judgment debtor's examination was served by a sheriff, a registered process server, or someone appointed by the court, and the judgment debtor fails to show up for a scheduled judgment debtor's examination the court may issue a warrant to have the person arrested, AND may punish the person for contempt. (Code of Civ. Proc., sect. 708.170 subd. (a).) The contempt is punishment, and not a prerequisite as claimed by Mr. McCormick. In my experiences, the judges tend to continue the judgment debtor's exam, and issue, but hold the warrant, giving the debtor another chance to appear and explain the reason for their earlier nonappearance. If you contend that you were not properly served with the notice, you need to appear and point that out. Hiding behind your couch is not a wise alternative.