§ 708.020.Interrogatories to Aid In Enforcement of Money Judgment
Title 9. Enforcement of Judgments · Division 2 · Chapter 6. Miscellaneous Creditors' Remedies · Article 1. Written Interrogatories to Judgment Debtor · Last amended 2005 · Last verified July 28, 2026
Full Text of § 708.020
Plain-English Summary
This section borrows an everyday discovery tool and repurposes it for judgment enforcement. The creditor sends written interrogatories the same way a party would during litigation, following the procedure in the Civil Discovery Act beginning at § 2030.010, and the debtor has to answer in the same manner and within the same time that chapter requires.
The 120-day rule is the section's real substance. Once a debtor has answered a set of enforcement interrogatories, or has been examined under Article 2's debtor's-examination procedure beginning at § 708.110, the creditor cannot send another set for 120 days — and the debtor has no obligation to respond if the creditor tries anyway. That cooling-off period keeps a debtor from being peppered with repeat discovery requests every few weeks.
The numeric limit on interrogatories that the Discovery Act otherwise imposes still applies to each individual set the creditor sends, but it does not stack across sets sent over time. A creditor can send a fresh, full set every time the 120-day window reopens rather than being capped for the life of the judgment.
Frequently Asked Questions
How does a creditor send written interrogatories to a judgment debtor?
Using the same procedure the Civil Discovery Act sets out beginning at § 2030.010, with the debtor answering in the same manner and time that chapter requires.
How often can a creditor send these interrogatories?
Not within 120 days after the debtor answered a previous set sent under this section, and not within 120 days after the debtor was examined under § 708.110's debtor's-examination procedure.
Does the debtor have to respond if the creditor sends interrogatories too soon?
No. Section 708.020(b) says the debtor is not required to respond to interrogatories served within the 120-day window.
Does the usual cap on the number of interrogatories apply here?
Yes, to each set sent, but it does not apply cumulatively across multiple sets sent over the life of the judgment.
Amendment History
Amended by Stats 2004 ch 182 (AB 3081),s 11, eff. 7/1/2005