(a) Upon ex parte application by a judgment creditor who has a money judgment and proof by the judgment creditor by affidavit or otherwise to the satisfaction of the proper court that a third person has possession or control of property in which the judgment debtor has an interest or is indebted to the judgment debtor in an amount exceeding two hundred fifty dollars ($250), the court shall make an order directing the third person to appear before the court, or before a referee appointed by the court, at a time and place specified in the order, to answer concerning such property or debt. The affidavit in support of the judgment creditor's application may be based on the affiant's information and belief.
§ 708.120.Order Directing Third Person to Appear to Answer Concerning Property Or Debt
Title 9. Enforcement of Judgments · Division 2 · Chapter 6. Miscellaneous Creditors' Remedies · Article 2. Examination Proceedings · Last amended 1996 · Last verified July 28, 2026
In one sentenceSection 708.120 lets a judgment creditor obtain, on ex parte application, an order requiring a third person who holds the debtor's property or owes the debtor over two hundred fifty dollars to appear and answer questions, served at least ten days before the hearing and creating a possible one-year lien.
Full Text of § 708.120
(b) Not less than 10 days prior to the date set for the examination, a copy of the order shall be:
(1) Served personally on the third person.
(2) Served personally or by mail on the judgment debtor.
(c) If the property in the third person's possession or control in which the judgment debtor has an interest or the debt owed by the third person to the judgment debtor is described in the affidavit or application for an order under subdivision (a) in a manner reasonably adequate to permit it to be identified, service of the order on the third person creates a lien on the judgment debtor's interest in the property or on the debt for a period of one year from the date of the order unless extended or sooner terminated by the court.
(d) The judgment debtor may claim that all or any portion of the property or debt is exempt from enforcement of a money judgment by application to the court on noticed motion, filed with the court and personally served on the judgment creditor not later than three days before the date set for the examination. The judgment debtor shall execute an affidavit in support of the application that includes all of the matters set forth in subdivision (b) of Section 703.520. If a claim of exemption is made pursuant to this section, a notice of opposition to the claim of exemption is not required. The court shall determine any claim of exemption made pursuant to this section. Failure of the judgment debtor to make a claim of exemption does not preclude the judgment debtor from later claiming the exemption unless the property or debt is described in the order in a manner reasonably adequate to permit it to be identified and the judgment debtor receives notice of the examination proceeding at least 10 days before the date set for the examination.
(e) An order made pursuant to subdivision (a) shall contain the following statements in 14-point boldface type if printed or in capital letters if typed:
(1) "NOTICE TO PERSON SERVED. 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."
(2) "NOTICE TO JUDGMENT DEBTOR. The person in whose favor the judgment was entered in this action claims that the person to be examined pursuant to this order has possession or control of property which is yours or owes you a debt. This property or debt is as follows: (Description of property or debt). If you claim that all or any portion of this property or debt is exempt from enforcement of the money judgment, you must file your exemption claim in writing with the court and personally serve a copy on the judgment creditor not later than three days before the date set for the examination. You must appear at the time and place set for this examination to establish your claim of exemption or your exemption may be waived."
(f) An order made pursuant to subdivision (a) is not effective unless, at the time it is served on the third person, the person serving the order tenders to the third person fees for the mileage necessary to be traveled from the third person's residence to the place of examination. The mileage fees shall be in the same amount generally provided for witnesses when legally required to attend civil proceedings in the court where the examination proceeding is to be conducted.
Plain-English Summary
Sometimes the assets worth chasing sit with someone other than the debtor. This section lets the creditor go after a third party who holds the debtor's property or owes the debtor a debt over two hundred fifty dollars, getting an order — on nothing more than an ex parte application backed by an affidavit that can rest on information and belief — requiring that third person to appear and answer questions about the property or debt.
Service has two separate tracks with the same ten-day lead time: the third person must be served personally, and the debtor must be served personally or by mail, both at least ten days before the examination date. If the application describes the property or debt clearly enough to identify it, service on the third person also creates a one-year lien on the debtor's interest, unless a court extends or ends it sooner.
The debtor gets a narrow but real chance to protect exempt property. A claim of exemption has to be filed with the court and personally served on the creditor no later than three days before the examination — no separate opposition notice is needed, and the court decides the claim itself. Missing that deadline doesn't automatically forfeit the exemption, unless the order described the property clearly enough and the debtor got at least ten days' notice of the proceeding.
Every order under this section must carry two boldface notices — one warning the third person about arrest, contempt, and attorney's fees exposure for failing to appear, and one telling the debtor what property or debt is at stake and how to claim it exempt. And because the third person is being pulled in through no fault of their own, the order isn't even effective until the creditor tenders mileage fees for travel to the examination, calculated the same way witness mileage is calculated in ordinary civil proceedings.
Frequently Asked Questions
Who can a creditor examine under this section besides the debtor?
A third person who has possession or control of the debtor's property, or who owes the debtor more than two hundred fifty dollars.
How much notice does the third person get?
At least ten days before the examination, and service on that third person must be personal.
Can service on the third person create a lien?
Yes, if the property or debt is described clearly enough to be identified, service creates a lien on the debtor's interest for one year unless a court extends or ends it sooner.
How does the debtor claim the property is exempt?
By filing a noticed application with the court and personally serving the creditor no later than three days before the examination date, supported by the affidavit required under § 703.520(b).
Does the creditor have to pay the third person anything before the order takes effect?
Yes. The order isn't effective unless the creditor tenders mileage fees for the third person's travel to the examination, at the rate generally used for witnesses in civil proceedings.
Amendment History
Amended by Stats. 1995, Ch. 576, Sec. 3.6. Effective January 1, 1996.
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: third party debtor examination californiaexamine third party holding debtor property california