At 138 Ej 125 Form PDF Details

Understanding the AT-138/EJ-125 form is crucial for anyone involved in the enforcement of judgments in California. This document, officially known as the Application and Order for Appearance and Examination, serves a vital role in the legal process, enabling judgment creditors to obtain information necessary to enforce a money judgment. It outlines the procedure for requiring a judgment debtor or a third person in possession of the debtor's assets or owing them a significant debt, to appear before the court or a court-appointed referee. The form collects detailed information from the applicant, including their legal representation, the case number, and specifics about the judgment enforcement sought. Additionally, it mandates personal service of the order on the judgment debtor or third party, with a minimum notice period, to ensure their presence during the examination. The stakes are high for those involved; failing to appear can lead to arrest and contempt of court charges, along with potential orders to cover attorney fees. With spaces for the acknowledgment of receipt and detailed instructions for both judgment creditors and debtors regarding service and exemption claims, the AT-138/EJ-125 form encapsulates the intersection of due process and enforcement in judgment recovery proceedings.

QuestionAnswer
Form NameAt 138 Ej 125 Form
Form Length2 pages
Fillable?No
Fillable fields0
Avg. time to fill out30 sec
Other namesat 138, ej 125, examination judgment, judgment debtor exam california

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AT-138/EJ-125

ATTORNEY OR PARTY WITHOUT ATTORNEY:

STATE BAR NO.:

FOR COURT USE ONLY

 

 

 

NAME:

 

 

 

FIRM NAME:

 

 

 

STREET ADDRESS:

 

 

 

CITY:

STATE:

ZIP CODE:

 

TELEPHONE NO.:

FAX NO.:

 

 

E-MAIL ADDRESS:

 

 

 

ATTORNEY FOR (name):

 

 

 

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

 

 

STREET ADDRESS:

 

 

MAILING ADDRESS:

 

 

CITY AND ZIP CODE:

 

 

BRANCH NAME:

 

 

PLAINTIFF

 

 

DEFENDANT

 

 

APPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION

CASE NUMBER:

 

 

ENFORCEMENT OF JUDGMENT

ATTACHMENT (Third Person)

 

Judgment Debtor

Third Person

 

ORDER TO APPEAR FOR EXAMINATION

1.TO (name):

2.YOU ARE ORDERED TO APPEAR personally before this court, or before a referee appointed by the court, to

a.

 

furnish information to aid in enforcement of a money judgment against you.

b.

 

answer concerning property of the judgment debtor in your possession or control or concerning a debt you owe the

 

 

 

judgment debtor.

c.

 

answer concerning property of the defendant in your possession or control or concerning a debt you owe the defendant

 

 

 

that is subject to attachment.

Date:

Address of court

Time:

Dept. or Div.:

Rm.:

 

 

 

 

is shown above

 

is:

 

3. This order may be served by a sheriff, marshal, registered process server, or the following specially appointed person (name):

Date:

 

 

 

 

 

 

 

 

 

 

JUDGE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

This order must be served not less than 10 days before the date set for the examination.

 

 

 

 

 

 

IMPORTANT NOTICES ON REVERSE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APPLICATION FOR ORDER TO APPEAR FOR EXAMINATION

4.

 

 

 

Original judgment creditor

 

 

Assignee of record

 

Plaintiff who has a right to attach order

 

 

 

 

 

 

 

applies for an order requiring (name):

 

 

 

to appear and furnish information to aid in enforcement of the money judgment or to answer concerning property or debt.

5.

 

The person to be examined is

 

 

 

 

 

 

 

a.

 

 

the judgment debtor.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

b.

 

 

a third person (1) who has possession or control of property belonging to the judgment debtor or the defendant or (2) who

 

 

 

 

 

 

 

 

 

owes the judgment debtor or the defendant more than $250. An affidavit supporting this application under Code of Civil

 

 

 

 

 

Procedure section 491.110 or 708.120 is attached.

 

 

6.

 

The person to be examined resides or has a place of business in this county or within 150 miles of the place of examination.

7.

 

 

 

This court is not the court in which the money judgment is entered or (attachment only) the court that issued the writ of

 

 

 

 

 

 

 

attachment. An affidavit supporting an application under Code of Civil Procedure section 491.150 or 708.160 is attached.

8.

 

 

 

The judgment debtor has been examined within the past 120 days. An affidavit showing good cause for another examination

 

 

 

 

 

 

 

is attached.

 

 

 

 

 

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date:

(TYPE OR PRINT NAME)

Form Adopted for Mandatory Use

Judicial Council of California

AT-138/EJ-125 [Rev. January 1, 2017]

 

(SIGNATURE OF DECLARANT)

(Continued on reverse)

Page 1 of 2

APPLICATION AND ORDER FOR

Code of Civil Procedure,

§§ 491.110, 708.110, 708.120, 708.170

APPEARANCE AND EXAMINATION

www.courts.ca.gov

(Attachment—Enforcement of Judgment)

AT-138/EJ-125

Information for Judgment Creditor Regarding Service

If you want to be able to ask the court to enforce the order on the judgment debtor or any third party, you must have a copy of the order personally served on the judgment debtor by a sheriff, marshal, registered process server, or the person appointed in item 3 of the order at least 10 calendar days before the date of the hearing, and have a proof of service filed with the court.

IMPORTANT NOTICES ABOUT THE ORDER

APPEARANCE OF JUDGMENT DEBTOR (ENFORCEMENT OF JUDGMENT)

NOTICE TO JUDGMENT DEBTOR If you fail to appear at the time and place specified in this order, you may be subject to arrest and punishment for contempt of court, and the court may make an order requiring you to pay the reasonable attorney fees incurred by the judgment creditor in this proceeding.

APPEARANCE OF A THIRD PERSON (ENFORCEMENT OF JUDGMENT)

(1) NOTICE TO PERSON SERVED If you fail to appear at the time and place specified in this order, you may be subject to arrest and punishment for contempt of court, and the court may make an order requiring you to pay the reasonable attorney fees incurred by the judgment creditor in this proceeding.

(2) NOTICE TO JUDGMENT DEBTOR The person in whose favor the judgment was entered in this action claims that the person to be examined under this order has possession or control of property that is yours or owes you a debt. This property or debt is as follows (describe the property or debt):

If you claim that all or any portion of this property or debt is exempt from enforcement of the money judgment, you must file your exemption claim in writing with the court and have a copy personally served on the judgment creditor not later than three days before the date set for the examination. You must appear at the time and place set for the examination to establish your claim of exemption or your exemption may be waived.

APPEARANCE OF A THIRD PERSON (ATTACHMENT)

NOTICE TO PERSON SERVED If you fail to appear at the time and place specified in this order, you may be subject to arrest and punishment for contempt of court, and the court may make an order requiring you to pay the reasonable attorney fees incurred by the plaintiff in this proceeding.

APPEARANCE OF A CORPORATION, PARTNERSHIP,

ASSOCIATION, TRUST, OR OTHER ORGANIZATION

It is your duty to designate one or more of the following to appear and be examined: officers, directors, managing agents, or other persons who are familiar with your property and debts.

Request for Accommodations. Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available if you ask at least 5 days before your hearing. Contact the clerk’s office for Request for Accommodation (form MC-410). (Civil Code, § 54.8.)

AT-138/EJ-125 [Rev. January 1, 2017]

APPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION

Page 2 of 2

(Attachment—Enforcement of Judgment)

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This form needs some specific details; in order to guarantee correctness, please make sure to take note of the next suggestions:

1. The court application appear will require certain information to be inserted. Make sure the next fields are filled out:

Stage no. 1 of completing ej 125

2. Once this part is completed, go to enter the relevant information in these: TO name YOU ARE ORDERED TO APPEAR, furnish information to aid in, Date Address of court, Time, Dept or Div, is shown above, This order may be served by a, Date, This order must be served not less, IMPORTANT NOTICES ON REVERSE, APPLICATION FOR ORDER TO APPEAR, JUDGE, Original judgment creditor, Assignee of record, and Plaintiff who has a right to.

Stage number 2 of filling out ej 125

It is possible to get it wrong when filling in your Original judgment creditor, hence be sure to reread it before you decide to finalize the form.

3. Completing The person to be examined resides, This court is not the court in, I declare under penalty of perjury, TYPE OR PRINT NAME, SIGNATURE OF DECLARANT, Form Adopted for Mandatory Use, Continued on reverse, APPLICATION AND ORDER FOR, APPEARANCE AND EXAMINATION, Page of , and Code of Civil Procedure is essential for the next step, make sure to fill them out in their entirety. Don't miss any details!

Stage number 3 for submitting ej 125

4. This particular section arrives with the next few blank fields to type in your specifics in: NOTICE TO JUDGMENT DEBTOR The, If you claim that all or any, APPEARANCE OF A THIRD PERSON, NOTICE TO PERSON SERVED If you, APPEARANCE OF A CORPORATION, and It is your duty to designate one.

 NOTICE TO JUDGMENT DEBTOR The, APPEARANCE OF A THIRD PERSON, and It is your duty to designate one in ej 125

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