(a) The judgment creditor may apply to the proper court for an order requiring the judgment debtor to appear before the court, or before a referee appointed by the court, at a time and place specified in the order, to furnish information to aid in enforcement of the money judgment.
§ 708.110.Order For Judgment Debtor to Appear and Furnish Information In Aid of Enforcement
Title 9. Enforcement of Judgments · Division 2 · Chapter 6. Miscellaneous Creditors' Remedies · Article 2. Examination Proceedings · Last amended 2024 · Last verified July 28, 2026
In one sentenceSection 708.110 lets a judgment creditor apply for an order requiring the debtor to appear and answer questions about assets, granted without notice if the debtor hasn't been examined in the past 120 days, personally served at least 30 days ahead, and carrying a property lien plus a boldface arrest warning.
Full Text of § 708.110
(b) If the judgment creditor has not caused the judgment debtor to be examined under this section during the preceding 120 days, the court shall make the order upon ex parte application of the judgment creditor.
(c) If the judgment creditor has caused the judgment debtor to be examined under this section during the preceding 120 days, the court shall make the order if the judgment creditor by affidavit or otherwise shows good cause for the order. The application shall be made on noticed motion if the court so directs or a court rule so requires. Otherwise, it may be made ex parte.
(d) The judgment creditor shall personally serve a copy of the order on the judgment debtor not less than 30 days before the date set for the examination. Service shall be made in the manner specified in Section 415.10. Service of the order creates a lien on the personal property of the judgment debtor for a period of one year from the date of the order unless extended or sooner terminated by the court.
(e) Except as provided in section 708.111, 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, you may be subject to arrest and punishment for contempt of court and the court may make an order requiring you to pay the reasonable attorney's fees incurred by the judgment creditor in this proceeding."
Plain-English Summary
This is the workhorse of Article 2 and one of the most frequently used tools in this title: the order compelling a judgment debtor to appear before the court or a court-appointed referee and answer questions that will help the creditor find assets to satisfy the judgment. Getting the order is easy the first time around — if the creditor hasn't already examined this debtor in the preceding 120 days, the court has to issue the order on nothing more than the creditor's ex parte application, with no notice to the debtor and no hearing.
Repeat examinations are harder to get. Once a debtor has already been examined within the past 120 days, the creditor needs to show good cause by affidavit or otherwise, and the court can require a noticed motion instead of an ex parte application if the court's own rules call for it. This keeps a debtor from being dragged back for questioning over and over without some justification.
Once the order issues, timing and service matter. The creditor has to personally serve the debtor at least 30 days before the exam date, using the personal-delivery method described in § 415.10. That service does double duty: it also creates a one-year lien on the debtor's personal property, running from the date of the order unless a court extends or ends it early.
The order itself has teeth. Except in the consumer-debt cases § 708.111 governs separately, it must carry a boldface warning telling the debtor that failing to show up can lead to arrest, a contempt finding, and an order to pay the creditor's reasonable attorney's fees for the trouble. That warning is what gives § 708.170's enforcement mechanism its bite.
Frequently Asked Questions
How does a creditor get a debtor's examination order?
By applying to the proper court. If the debtor hasn't been examined under this section in the preceding 120 days, the court must issue the order on the creditor's ex parte application alone.
What if the debtor was already examined recently?
The creditor has to show good cause by affidavit or otherwise, and the court may require a noticed motion rather than an ex parte application if its own rules require it.
How much notice does the debtor get before the examination?
The creditor must personally serve the debtor, using the method in § 415.10, at least 30 days before the date set for the examination.
Does serving the order do anything besides schedule the exam?
Yes. Service creates a lien on the debtor's personal property lasting one year from the date of the order, unless a court extends or ends it sooner.
What happens if the debtor doesn't show up?
The order itself warns of possible arrest and contempt of court, and § 708.170 lets the court award the creditor reasonable attorney's fees and, in appropriate cases, issue a warrant.
Amendment History
Amended by Stats 2023 ch 562 (AB 1119),s 1, eff. 1/1/2024. Amended by Stats. 1993, Ch. 793, Sec. 1. Effective January 1, 1994.
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
Also known as: judgment debtor examination californiaccp 708.110 order to appeardebtor's exam order californiahow to get a debtor examination california