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§ 116.830.Form regarding nature and location of assets of judgment debtor

Title 1. Organization and Jurisdiction · Chapter 5.5. Small Claims Court · Article 8. Satisfaction and Enforcement of Judgment · Last amended 1991 · Last verified July 28, 2026

In one sentenceSection 116.830 requires the clerk to send the judgment debtor a form asking about their assets, requires the debtor to complete and deliver it to the creditor within 30 days of notice of entry of judgment (or of a later triggering event if a motion to vacate or appeal is pending), and allows contempt sanctions, including arrest and attorney’s fees, for willful noncompliance.

Full Text of § 116.830

Text sizeJump to: (a) (b) (c) (d) (e)

(a) At the time judgment is rendered, or notice of entry of the judgment is mailed to the parties, the clerk shall deliver or mail to the judgment debtor a form containing questions regarding the nature and location of any assets of the judgment debtor.
(b) Within 30 days after the clerk has mailed notice of entry of the judgment, unless the judgment has been satisfied, the judgment debtor shall complete the form, and cause it to be delivered to the judgment creditor.
(c) In the event a motion is made to vacate the judgment or a notice of appeal is filed, a judgment debtor shall complete and deliver the form within 30 days after the clerk has delivered or mailed notice of denial of the motion to vacate, or notice of dismissal of or entry of judgment on the appeal, whichever is applicable.
(d) In case of the judgment debtor’s willful failure to comply with subdivision (b) or (c), the judgment creditor may request the court to apply the sanctions, including arrest and attorney’s fees, as provided in Section 708.170, on contempt of court.
(e) The Judicial Council shall approve or adopt the form to be used for the purpose of this section.

Plain-English Summary

Section 116.830(a) puts a practical tool in the judgment creditor’s hands at the start: when judgment is rendered, or notice of entry is mailed, the clerk delivers or mails the debtor a form asking about the nature and location of the debtor’s assets. Subdivision (b) requires the debtor to complete that form and get it to the creditor within 30 days after notice of entry of judgment is mailed, unless the judgment has already been satisfied.

Subdivision (c) adjusts the timing when the case is not yet final: if a motion to vacate is pending or a notice of appeal has been filed, the 30-day clock instead starts from notice of the motion’s denial, or notice of the appeal’s dismissal or judgment, whichever applies. Subdivision (d) gives the process teeth — if the debtor willfully fails to comply, the creditor can ask the court to impose contempt sanctions under § 708.170, including arrest and attorney’s fees. Subdivision (e) leaves the form itself to the Judicial Council to approve or adopt.

Frequently Asked Questions

Does a small claims judgment debtor have to disclose their assets?

Yes. Section 116.830(a) requires the clerk to send the debtor a form asking about the nature and location of their assets, and subdivision (b) requires the debtor to complete and deliver it to the creditor within 30 days of notice of entry of judgment.

What if a motion to vacate or an appeal is pending — does the debtor still have to fill out the asset form right away?

Section 116.830(c) instead starts the 30-day clock from notice of the motion’s denial or the appeal’s dismissal or judgment, whichever applies.

What happens if the debtor refuses to complete the asset disclosure form?

Section 116.830(d) lets the creditor ask the court to impose contempt sanctions, including arrest and attorney’s fees under § 708.170, for a debtor’s willful failure to comply.

Amendment History

Added Stats 1990 ch 1305 § 3 (SB 2627). Amended Stats 1991 ch 915 § 30 (SB 771).

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
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