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.
| Question | Answer |
|---|---|
| Form Name | AT-138/EJ-125 California Court Form |
| Form Length | 2 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 30 sec |
| Other names | at 138, ej 125, examination judgment, judgment debtor exam california, application and order for appearance and examination |