The summons specified in Section 989 shall be issued by the clerk upon presentation of the affidavit specified in Section 991. The summons must describe the judgment, and require the person summoned to show cause why the person should not be bound by it, and must be served in the same manner, and returnable no later than ninety (90) days after the time specified for the return of the original summons. It is not necessary to file a new complaint.
§ 990.Requirements of Summons
Title 14. Of Miscellaneous Provisions · Chapter 1. Proceedings Against Joint Debtors · Last amended 2008 · Last verified July 28, 2026
In one sentenceSection 990 directs the clerk to issue the joint-debtor summons once the plaintiff presents the supporting affidavit required by § 991, requires the summons to describe the judgment and call for a return within ninety days after the original summons's return date, and dispenses with filing a new complaint.
Full Text of § 990
Plain-English Summary
This section tells the clerk how to generate the summons that § 989 makes available. The clerk issues it once the plaintiff presents the affidavit § 991 requires — no separate motion or hearing needed to get the summons out the door.
Content and timing are both prescribed. The summons must describe the judgment already entered and require the joint debtor to show cause why it shouldn't bind them. It has to be served the same way as an ordinary summons, and it must be returnable no later than ninety days after the return date set for the original summons in the case.
One shortcut matters here: the plaintiff doesn't have to file a new complaint to reach the unserved joint debtor. The existing judgment and the § 991 affidavit carry the proceeding forward.
Frequently Asked Questions
Who issues the summons against an unserved joint debtor?
The clerk, upon the plaintiff presenting the affidavit required by § 991.
What must the joint-debtor summons say?
It must describe the judgment already entered and require the person summoned to show cause why they shouldn't be bound by it.
How long does the joint debtor have to respond?
The summons must be returnable no later than ninety days after the time set for the return of the original summons in the case.
Does the plaintiff need to file a new complaint to summon the joint debtor?
No. Section 990 makes clear a new complaint isn't necessary.
Amendment History
Amended by Stats 2007 ch 263 (AB 310),s 10, eff. 1/1/2008.
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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