Code of Civil Procedure - CCP - CCP § 708.111

Summary

(a) This section applies to an application pursuant to Section 708.110 by a judgment creditor with a judgment concerning a consumer debt awarded on or after January 1, 2025. (b) “Consumer debt” as used in this Section means any obligation or alleged obligation of a consumer to pa

Text

(a)
This section applies to an application pursuant to Section 708.110 by a judgment creditor with a judgment concerning a consumer debt awarded on or after January 1, 2025.
(b)
“Consumer debt” as used in this Section means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes. Consumer debt does not include debts incurred due to, or obtained by tortious or fraudulent conduct or judgments for unpaid wages, damages, or penalties owed to an employee. Consumer debt does not include rental debt, which means unpaid rent or other unpaid financial obligation
of a tenant under the tenancy that has come due.
(c)
Notwithstanding subdivision (e) of Section 708.110, if the order issued pursuant to section 708.110 requires a judgment debtor to appear in a case concerning consumer debt, as indicated by the judgment creditor in the application and order for appearance and examination, the order shall be accompanied by the Judicial Council form containing the list of exemptions from the enforcement judgments adopted pursuant to Section 681.030 and the notice of financial affidavit and financial affidavit forms adopted by the Judicial Council pursuant to subdivision (h). The order shall contain the following statement in 14-point boldface type if printed or in capital letters if typed: “NOTICE TO JUDGMENT DEBTOR. If you fail to appear at the time and place specified in this order, the court may make an order requiring you to pay the reasonable attorney’s fees and costs incurred by the judgment creditor in
this proceeding. Instead of appearing at the examination, you may file a notice of judgment debtor’s financial affidavit in a form prescribed by the court and signed under penalty of perjury and serve copies of all filed documents and the financial affidavit on the judgment creditor no later than 15 days prior to the date set for the examination.”
(d)
If the judgment debtor in a case concerning consumer debt states in a financial affidavit, signed under penalty of perjury, that all of their income and assets are exempt, and files with the court a notice of financial affidavit with a proof of service, the court shall cancel the examination and provide notice of cancellation to the parties. If copies of the financial affidavit are not timely served or the notice and proof of service are not timely filed with the court, the court shall not cancel the examination.
(1)
Within 15 days
after the filing of the notice and proof of service of the financial affidavit, a judgment creditor who objects to the affidavit shall file with the court a notice of motion for an order determining the need for the debtor to appear for a debtor’s examination. If the notice of motion is not timely filed with the court, the debtor’s examination shall remain canceled.
(2)
The notice of motion for an order determining the need for a debtor to appear for a debtor’s examination shall include a declaration executed under oath and include a statement of facts showing good cause why a debtor’s examination is necessary notwithstanding the debtor’s financial affidavit. In an action in which the consumer debt is secured by real property or personal property, a showing of good cause is established when the plaintiff demonstrates that the debtor has not provided the plaintiff with accurate information regarding the location or condition of the security, the
status of insurance on the security, or the status of the taxes due on the security.
(3)
The judgment creditor shall file and serve the motion described in paragraph (1) pursuant to Section 1005 and the hearing shall be held pursuant to the same section.
(4)
The financial affidavit and motion for an order determining the need for a debtor to appear for a debtor’s examination, as well as any pleading filed in support of the motion and any reply by the judgment debtor, shall constitute the pleadings, subject to the power of the court to permit amendments in the interest of justice.
(5)
If no other evidence is offered, the court, if satisfied that sufficient facts are shown by the financial affidavit and the notice of motion, may make its determination thereon. If not satisfied, the court shall order the hearing
continued for the production of other oral or documentary evidence.
(6)
At the conclusion of the hearing, the court shall determine by order whether the judgment debtor shall appear for a debtor’s examination. If the judgment debtor is ordered to appear, the judgment creditor shall schedule the time and place of the examination with the court. There shall be no filing fee for the judgment creditor to refile the application and order for appearance and examination for the rescheduled exam. The judgment creditor is not required to serve the application and order by personal service, but may serve them by mail or electronic service at least 30 days before the date set for examination, pursuant to Sections 1013 and 1010.6.
(7)
If the examination is canceled because the judgment creditor does not object or for another reason, the judgment creditor shall not file another application and
order for appearance and examination until one year from the date of the prior filed application and order for appearance and examination.
(e)
The financial affidavit shall include the following information:
(1)
The number of people relying on the judgment debtor for support, including spouse, dependents, and other household members.
(2)
Gross monthly income from employment, including withholdings and take home pay.
(3)
Total monthly income from all sources other than employment.
(4)
Property owned, including cash, bank accounts, real estate equity, vehicles (e.g., cars, motorcycles, and boats), jewelry, securities, certificates of deposit, entity ownership, life insurance policies, and
tax refunds.
(5)
Itemized monthly expenses.
(6)
Any outstanding debts, including balance owed and to whom.
(7)
Any other facts which support the claim of exemption.
(f)
In a case concerning consumer debt in which the judgment debtor claims property is exempt pursuant to law exempting property to the extent necessary for the support of the judgment debtor and the spouse and dependents of the judgment debtor, the financial affidavit shall also include the following information. The financial affidavit shall also be signed under penalty of perjury by the spouse of the judgment debtor, unless the spouses are living separate and apart.
(1)
The name of the spouse of the judgment debtor.
(2)
The age and relationship of all persons dependent upon the judgment debtor or the spouse of the judgment debtor for support.
(3)
All sources and the amounts of earnings and other income of the spouse and dependents of the judgment debtor.
(4)
A list of the assets of the spouse and dependents of the judgment debtor and the value of such assets.
(5)
All outstanding debts of the spouse and dependents of the judgment debtor.
(g)
A judgment debtor in a case concerning consumer debt who elects to file a financial affidavit in lieu of appearing before the court for an examination shall serve a copy of all filed documents on the judgment creditor no later than 15 days prior to the date set for
the examination.
(h)
The Judicial Council shall adopt a notice of financial affidavit form and a financial affidavit form and revise any existing forms as necessary to implement the requirements of this section.
(i)
Notwithstanding Section 708.170, 1209, or 1993, or any other applicable law or court rule, for a case involving consumer debt:
(1)
No warrant for arrest or to appear shall be issued for a judgment debtor in a case concerning consumer debt who fails to appear for an examination under this section or to file and serve the judgment debtor’s financial affidavit. In such cases, the court shall issue an order to show cause to determine whether to issue a warrant to compel the attendance of the judgment debtor.
(2)
The court shall provide a
judgment debtor who is ordered to appear pursuant to an order to show cause described in paragraph (1) with a reasonable opportunity to complete and file a judgment debtor’s financial affidavit described in subdivision (e). The warrant to compel the attendance of the judgment debtor shall be satisfied by the judgment debtor’s appearance or the filing of a notice of financial affidavit and proof of service pursuant to subdivision (d) certifying that the notice and financial affidavit was served on the judgment creditor.

Retrieval chunks

• #1 | Code of Civil Procedure - CCP - CCP § 708.111

  (a) This section applies to an application pursuant to Section 708.110 by a judgment creditor with a judgment concerning a consumer debt awarded on or after January 1, 2025. (b) “Consumer debt” as used in this Section means any obligation or alleged obligation of a consumer to pay money arising out of a transaction…

• #2

  If the judgment debtor in a case concerning consumer debt states in a financial affidavit, signed under penalty of perjury, that all of their income and assets are exempt, and files with the court a notice of financial affidavit with a proof of service, the court shall cancel the examination and provide notice of canc…

• #3

  At the conclusion of the hearing, the court shall determine by order whether the judgment debtor shall appear for a debtor’s examination. If the judgment debtor is ordered to appear, the judgment creditor shall schedule the time and place of the examination with the court. There shall be no filing fee for the judgment…

• #4

  A list of the assets of the spouse and dependents of the judgment debtor and the value of such assets. (5) All outstanding debts of the spouse and dependents of the judgment debtor. (g) A judgment debtor in a case concerning consumer debt who elects to file a financial affidavit in lieu of appearing before the cou…