(a) Except as otherwise provided in this section, the proper court for examination of a person under this article is the court in which the money judgment is entered.
§ 708.160.Proper Court For Examination
Title 9. Enforcement of Judgments · Division 2 · Chapter 6. Miscellaneous Creditors' Remedies · Article 2. Examination Proceedings · Last amended 2006 · Last verified July 28, 2026
In one sentenceSection 708.160 makes the court where the judgment was entered the default forum for a debtor's examination, bars requiring attendance outside the debtor's county of residence or business unless it's within 150 miles, and lets examination proceed instead in the debtor's own county, with extra filing requirements when a creditor seeks examination outside the entering court.
Full Text of § 708.160
(b) A person sought to be examined may not be required to attend an examination before a court located outside the county in which the person resides or has a place of business unless the distance from the person's place of residence or place of business to the place of examination is less than 150 miles.
(c) If a person sought to be examined does not reside or have a place of business in the county where the judgment is entered, the superior court in the county where the person resides or has a place of business is a proper court for examination of the person.
(d) If the judgment creditor seeks an examination of a person before a court other than the court in which the judgment is entered, the judgment creditor shall file an application that shall include all of the following:
(1) An abstract of judgment in the form prescribed by Section 674.
(2) An affidavit in support of the application stating the place of residence or place of business of the person sought to be examined.
(3) Any necessary affidavit or showing for the examination as required by Section 708.110 or 708.120.
(4) The filing fee for a motion as provided in subdivision (a) of Section 70617 of the Government Code.
Plain-English Summary
This section keeps an examination from becoming a burden of distance for the person being questioned. The default rule points to the court where the money judgment was entered. But a person sought to be examined can't be forced to appear before a court outside the county of their residence or business unless the distance from there to the examination site is less than 150 miles.
When the debtor lives or does business somewhere other than the county where the judgment was entered, the superior court in that other county becomes a proper venue for the examination in its own right — the creditor isn't stuck bringing the debtor across the state.
Choosing to examine a person before a court other than the one where judgment was entered comes with paperwork. The creditor's application has to include an abstract of judgment in the form § 674 prescribes, a supporting affidavit stating where the person to be examined resides or does business, whatever affidavit or showing §§ 708.110 or 708.120 already require for that kind of examination, and the filing fee set for this kind of motion under Government Code § 70617(a).
Frequently Asked Questions
Which court normally handles a debtor's examination?
The court where the money judgment was entered.
Can a debtor be forced to travel far for an examination?
No, not to a court outside the county of the debtor's residence or place of business, unless the distance is less than 150 miles.
What if the debtor lives in a different county than where judgment was entered?
The superior court in the county where the debtor resides or has a place of business is a proper court for the examination.
What must a creditor file to examine someone before a court other than the entering court?
Amendment History
Amended by Stats 2005 ch 75 (AB 145),s 38, eff. 7/19/2005, op. 1/1/2006
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: proper court debtor examination californiavenue for judgment debtor examination