When a judgment is recovered against one or more of several persons, jointly indebted upon an obligation, by proceeding as provided in Section 410.70, those who were not originally served with the summons, and did not appear in the action, may be summoned to appear before the court in which such judgment is entered to show cause why they should not be bound by the judgment, in the same manner as though they had been originally served with the summons.
§ 989.Joint Debtors Not Originally Served With Summons Summoned to Appear
Title 14. Of Miscellaneous Provisions · Chapter 1. Proceedings Against Joint Debtors · Last amended 1969 · Last verified July 28, 2026
In one sentenceSection 989 lets a plaintiff who obtained a judgment against joint debtors under the procedure in § 410.70 summon the joint debtors who weren't originally served and never appeared, requiring them to show cause why they shouldn't be bound by that judgment as if they had been served from the outset.
Full Text of § 989
Plain-English Summary
Some obligations bind two or more people jointly. When a plaintiff sues on one of these and can serve only some of the joint debtors, § 410.70 lets the case proceed against those who were served, and the resulting judgment technically extends to the whole group. Chapter 1 gives the plaintiff a way to bind the debtors who were left out — not by starting over, but through a targeted summons.
Section 989 triggers that summons. A joint debtor who wasn't served and didn't appear can be called into the court that entered the judgment and required to show cause why the judgment shouldn't bind that debtor too. The rest of this chapter fills in the mechanics: what the summons must say (§ 990), what affidavit has to support it (§ 991), how the joint debtor can answer (§ 992), what the pleadings in this new proceeding consist of (§ 993), and how any resulting dispute gets tried (§ 994).
The underlying idea balances fairness against efficiency. The plaintiff already has a judgment establishing the joint obligation; this chapter lets that judgment reach every joint debtor without relitigating the whole case, while still giving each unserved debtor a real chance to contest personal liability.
Frequently Asked Questions
What does it mean for someone to be "jointly indebted" under § 989?
It means the person shares an obligation with one or more others — a debt or duty owed together, not separately — so that a judgment on the obligation can potentially reach all of them even if only some were served in the original action.
Can a joint debtor who was never served be bound by a judgment against the others?
Yes, through the summons procedure this chapter creates. Section 989 lets that debtor be called into court and required to show cause why the existing judgment shouldn't bind them too.
Does the joint debtor get a chance to contest the judgment?
Yes. The summons requires the joint debtor to show cause why they shouldn't be bound, and §§ 992-994 spell out how that debtor can answer and have any resulting issues tried.
What's the connection between § 989 and § 410.70?
Section 410.70 is what let the plaintiff obtain judgment in the first place against only some of several jointly indebted people. Section 989 provides the follow-up mechanism for reaching the ones left out.
Amendment History
Amended by Stats. 1969, Ch. 1611.
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
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