The summons must be accompanied by an affidavit of the plaintiff, his agent, representative, or attorney, that the judgment, or some part thereof, remains unsatisfied, and must specify the amount due thereon.
§ 991.Affidavit to Accompany Summons
Title 14. Of Miscellaneous Provisions · Chapter 1. Proceedings Against Joint Debtors · Enacted 1872 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 991 requires the joint-debtor summons to be accompanied by an affidavit from the plaintiff, an agent, a representative, or an attorney stating that the judgment (or some part of it) remains unsatisfied and specifying the exact amount still due.
Full Text of § 991
Plain-English Summary
Before the clerk can issue the summons under § 990, the plaintiff has to establish there's still something to collect. Section 991 requires an affidavit — sworn by the plaintiff or someone acting for the plaintiff, such as an agent, representative, or attorney — stating that the judgment, or some part of it, remains unsatisfied.
The affidavit also has to specify the amount still due. That figure matters later: § 994 caps any verdict against a joint debtor who denies liability on the underlying obligation at the amount remaining unsatisfied on the original judgment, with interest.
Frequently Asked Questions
Who can sign the affidavit required to summon a joint debtor?
The plaintiff, or the plaintiff's agent, representative, or attorney.
What must the affidavit state?
That the judgment, or some part of it, remains unsatisfied, and the amount still due on it.
Why does the amount due in the affidavit matter later in the proceeding?
Section 994 limits any verdict against a joint debtor who contests liability on the underlying obligation to the amount still unsatisfied on the original judgment, plus interest.
Amendment History
Enacted 1872.
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: affidavit joint debtor summons californiaunsatisfied judgment affidavit california