AT-138/EJ-125 California Form – PDF Details

Understanding the AT-138/EJ-125 form is essential for anyone involved in California money judgment enforcement. This document is the official Application and Order for Appearance and Examination used in California courts. It enables judgment creditors to compel a judgment debtor or a third party who holds the debtor's assets to appear before the court for examination.

During the court examination, the judgment debtor must answer questions about their income, bank accounts, real estate, and other assets. This information helps the creditor identify ways to enforce the money judgment, such as wage garnishment or bank levies. A court-appointed referee may conduct the examination if the judge is unavailable. The forms must be filed with the clerk of court, who schedules the examination date and time.

To use the AT-138/EJ-125 form, the judgment creditor must complete all required fields: the court name and case number, the applicant's name and contact information, the legal basis for the examination, and the full name and address of the judgment debtor or third party to be examined. California Code of Civil Procedure sets strict service requirements for the examination order.

Personal service of the examination order must occur at least 10 days before the examination date for individuals. For corporations, 20 days' advance notice is required. Improper service can result in dismissal of the examination order. A California process server or authorized court officer must complete service of the AT-138 form.

Failure to appear at the debtor examination after being personally served with the AT-138/EJ-125 order can result in serious consequences. The court may issue a bench warrant for the person's arrest, hold them in contempt of court, and order them to pay the judgment creditor's attorney fees. These enforcement tools make the AT-138/EJ-125 examination form a powerful instrument in California judgment recovery proceedings.

Related California court forms include the Notice to Debtors and Creditors for notifying parties about a pending judgment, and the Judgment Docketing Form for recording a judgment in another California county. For small claims matters, see the California Small Claims Petition. You can also access the Motion to Set Aside Default Judgment for Los Angeles courts on FormsPal.

QuestionAnswer
Form NameAT-138/EJ-125 California Court 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, application and order for appearance and examination

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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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Frequently Asked Questions About the AT-138/EJ-125 Form

What is the AT-138 EJ-125 form used for in California?

The AT-138/EJ-125 is a California court form used by judgment creditors to schedule a debtor examination. After filing with the court, a judge issues an order requiring the judgment debtor or a third party to appear and answer questions about assets and income that can satisfy the money judgment.

How long does it take to complete the AT-138/EJ-125 form?

Most applicants complete the AT-138 forms in about 30 minutes. Using FormsPal's online editor, you can fill in all required fields, download your completed examination form as a PDF, and print it for filing with the California court clerk.

What happens if the judgment debtor does not appear for examination?

If the judgment debtor fails to appear after being personally served with the AT-138/EJ-125 order, the court may issue a bench warrant for their arrest and hold them in contempt of court. The court may also order the debtor to pay the creditor's attorney fees and costs.

Can I use the AT-138 form to examine a third party?

Yes. The AT-138/EJ-125 form may be used to examine a third party who is believed to possess or control property belonging to the judgment debtor, or who owes the debtor a debt of $250 or more. The third party must also be personally served with the order and appear at the California court examination.