Legal Question in Civil Litigation in California

Appearance and Examination hearing

A friend and I went to small claims regarding money we both borrowed, and both paid back to each other. We disagreed on the total amount owed to eachother, so we went to court. We are both satisfied with the Judgement-however I cannot afford to pay the entire judgement. She served me with 'appearance and examination' papers last week. After I was served, she and I decided to work out payment arrangements, and I have paid her nearly half of the amount I owe her back to her (having her sign each and every payment)...question is, what do I do about the examination hearing scheduled? It is in two weeks-the documents state that I could face fines as well as possible jail time if a bench warrant is issued.....the other party says not to worry about it. Ya right, I think I am worried, what paperwork do I need to have the hearing cancelled?


Asked on 3/14/04, 6:03 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Appearance and Examination hearing

Get a letter from the other party releasing you from your obligation to attend. That way, if she demands an arrest warrant and you are arrested, you can sue for false arrest. If you cannot obtain such a letter, attend the hearing. If you are personally served and do not show up, the other party can demand a warrant, in which case you could be arrested. If arrested, you would probably be taken immediately before a judge and the other party would be notified and would have a certain short period of time to conduct the examination before you are released.

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Answered on 3/14/04, 11:33 pm


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