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§ 992.Answer

Title 14. Of Miscellaneous Provisions · Chapter 1. Proceedings Against Joint Debtors · Last amended 1907 · Last verified July 28, 2026

In one sentenceSection 992 gives a summoned joint debtor two ways to respond within the time the summons sets: deny the judgment or raise any defense that arose after it, or deny personal liability on the underlying obligation based on a defense that existed when the action was first filed.

Full Text of § 992

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Upon such summons, the defendant may answer within the time specified therein, denying the judgment, or setting up any defense which may have arisen subsequently; or he may deny his liability on the obligation upon which the judgment was recovered, by reason of any defense existing at the commencement of the action.

Plain-English Summary

Once served with the summons § 990 describes, the joint debtor has a choice of defenses. The first path challenges the judgment itself, or raises something that happened after it was entered. The second path goes further back, challenging the underlying obligation by asserting a defense that already existed when the original action was commenced.

That choice shapes everything that follows. Section 993 treats the two answers differently when it comes to what documents make up the written allegations in the case, and § 994 caps recovery differently depending on which defense the joint debtor raises.

Frequently Asked Questions

What can a joint debtor argue in response to the summons?

Either that the judgment is wrong or that something has happened since it was entered, or that the joint debtor isn't personally liable on the underlying obligation because of a defense that existed before the original action was filed.

Does the choice of defense matter procedurally?

Yes. Section 993 builds the written allegations in the case differently depending on which defense the joint debtor raises.

How much time does the joint debtor have to answer?

The time specified in the summons itself, as § 990 sets it.

Amendment History

Amended by Stats. 1907, Ch. 325.

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: joint debtor answer californiadefenses to joint debtor summons