§ 2033.720.Interrogatories for use by victim who has not received complete
Title 4. Civil Discovery Act · Chapter 17. Form Interrogatories and Requests for Admission · Enacted 2004 · no amendments on record · Last verified July 29, 2026
Full Text of § 2033.720
Plain-English Summary
This section extends the form-interrogatories program to a specific and often overlooked situation: a defendant who owes a victim restitution under Penal Code Section 1202.4 but has not paid it in full. The Judicial Council must develop a set of official form interrogatories built to help that victim track down what the defendant owns and earns, since a restitution order is often meaningless on paper without some way to trace assets to collect against.
The section gives a victim a standing right to use these forms once each calendar year, whether or not the victim has filed or is maintaining a civil action to enforce the order. The defendant who receives them cannot answer with stale information; the responses have to reflect current assets, income, and liabilities, including any interest the defendant claims in property that has not yet vested. Repeating the process annually lets a victim keep pace with a defendant's changing financial picture over however many years it takes to collect on an unpaid order.
Frequently Asked Questions
Who can use the form interrogatories developed under this section?
A victim who has not received complete payment of a restitution order made under Penal Code Section 1202.4.
How often can a victim propound these form interrogatories?
Once each calendar year.
Must the victim have filed a lawsuit to use these interrogatories?
No. The section applies whether or not the victim initiates or maintains an action to satisfy the unpaid restitution order.
What must the defendant's answers cover?
Current information about the nature, extent, and location of any assets, income, and liabilities in which the defendant claims a present or future interest.
Amendment History
(Added by Stats.2004, c. 182 (A.B.3081), § 23, operative July 1, 2005.)