Rule 3.1905.Debtor’s examinations in consumer debt cases
Division 19. Postjudgment and Enforcement of Judgments · Adopted 1905 · no amendments on record · Last verified July 29, 2026
Full Text of Rule 3.1905
Plain-English Summary
Consumer debt cases get a distinct set of debtor’s-examination procedures, built around simplified forms rather than the general judgment-debtor examination process used elsewhere. Rule 3.1905 fills in two service and filing details for that consumer-debt track. First, a judgment creditor who serves the application and order for the debtor to appear for examination has to include, along with it, an information sheet explaining what a debtor’s examination involves and a current list of the dollar exemptions that protect certain property from enforcement of the judgment.
Second, if the debtor does not cooperate and the creditor has to file a motion asking the court to order the examination, Rule 3.1905(b) requires the creditor to attach a copy of the debtor’s financial statement to that motion. Giving the court the debtor’s own financial disclosures alongside the motion lets the judge evaluate the request without tracking down that document separately.
Both requirements sit on top of the underlying statutory service obligations tied to these forms, giving the court and the debtor a fuller informational package at each stage of a consumer-debt examination proceeding.
Advisory Committee Comment
The following comment is published by the Judicial Council of California alongside the rule itself — not commentary from this site.
The requirements of subdivision (a) are in addition to those of Code of Civil Procedure section 708.111(c), including that a judgment creditor who serves form EJ-141 on a judgment debtor must include blank copies of Notice of Financial Statement—Consumer Debt (form EJ-143), Financial Statement—Consumer Debt (form EJ-144), and Exemptions From the Enforcement of Judgments (form EJ-155) with the service.
Frequently Asked Questions
What must a judgment creditor serve along with a debtor’s examination order in a consumer debt case?
Copies of the information sheet on debtor’s examinations and the current exemption amounts, in addition to the application and order itself, under Rule 3.1905(a).
What must be attached to a motion to compel a debtor’s examination in a consumer debt case?
A copy of the judgment debtor’s financial statement, physically or electronically attached, under Rule 3.1905(b).
Does Rule 3.1905 apply to all judgment-debtor examinations?
No. It applies specifically to the consumer debt examination procedure under Code of Civil Procedure section 708.111, which uses its own forms distinct from the general debtor’s examination process.
Amendment History
Rule 3.1905 adopted effective January 1, 2025.