§ 708.170.Failure of Person to Appear When Served By Sheriff, Marshal, Specially Appointed Person, Or Process Server

This is the enforcement backbone behind § 708.110's examination order, and the reason its boldface warning about arrest carries real weight. If the person ordered to appear was served by one of the specific methods the statute lists — a sheriff, marshal, a person the court specially appointed, or a registered process server — and still doesn't show up, the court has two options: bring the person in on a warrant to answer for the failure and punish for contempt, or issue an arrest warrant under § 1993 directly.

Money follows the failure, too. If the debtor's failure to appear was without good cause, the creditor gets an award of reasonable attorney's fees incurred in the examination proceeding, and those fees don't just sit as a separate obligation — they get added to and become part of the judgment's own principal amount.

The statute also polices the process itself. Someone who willfully serves an examination order improperly, in a way that later leads to the arrest of the person who then failed to appear, commits a misdemeanor. That's a check against using this section's arrest power as a weapon through sloppy or dishonest service.

Consumer-debt cases don't follow this section's arrest track directly — § 708.111 requires an order to show cause and a chance to file a financial affidavit before any warrant to compel attendance can issue in those cases.