If you don't know where the debtor(s) banks or is employed, or you would like to have the debtor make payments to you. You can have the debtor(s) served with several documents which will require debtor appear in court and answer your question about there financial status.
Where the debetor works or banks at and other sources of income.
If they do not appear in court you can request the court issue a warrent for there arrest.
If they appears and refuse to answer your question then you can have the judge ask the question.
The forms that need to be served on the debtor are:
Application and Order to Produce Statement of Assets and to Appear for Examination (form SC-134) Tells the defendant/debtor that he must pay you OR he MUST appear personally in court and bring in all of the documents and other information requested on form (form SC-133) and explain why he didn't do that with in 30 days after the notice of entry
of judgment was mailed to him.
Judgment Debtor's Statement of Assets (form SC-133). Tells the debtor what forms he must bring in.
Note: Forms SC-134 & SC-133 must be served together by the sheriff's or a register process server the SC107 is optional.
While the (form SC-133) ask a lot of good important question it may not ask all the questions about the defendant/debtors income. So if there is other information/documents you may want Subpoena it using
Small Claims Subpoena (Form SC-107) This from allows you to ask question or ask for document not covered by form SC-133.
You would also use this form to subpoena any witnesses or documents that any third party has that you may feel will help your case.
The Witnesses can ask for $35 a day and 20 cents a mile each way at the time you serve the subpoena be prepared to pay the witness fees, if requested. If you don't pay before the hearing,
the witness doesn't have to show up.
Note these form are only for Small Clamis Cases Click here for Civil Cases
Many courts will send out the (form SC-133) along with the Notice of Entry of judgment
to the defendant/debtor to complete and mail back to plaintiff/creditor with in 30 days of entry
of judgment.
If the debtor fails to appear in court and has not paid the judgment in full including any post judgment cost filed (MC-012) with the court, the judge could issue a bench warrant for there arrest for failure to appear and for contempt of court and they could be order to pay penalties.
If debtor appears in court and hasn't completed and mailed to you or brought with him (form SC-133) (and hasn't paid or appealed the judgment or asked for a payment plan), you can ask the court for sanctions against the debtor.
***Note some judges feel that if you subpoena the defendant/judgment debtor he also is entitled to witness fees. While at first this may seem outrageous to pay the person who owes you money while you are trying to collect from them.
But look at it this way, if they deposit that witness fee check in their bank account you might get their bank account info. Then you can levy on their bank account.
Be prepared.
Click here for some sample questions for examining the judgment debtor.
Further Assistance
These are just a few of the most common ways of collecting on the judgment. There are still several other ways of collecting your money. Please call our office if you have any additional questions. (714) 971-2217