If the defendant, in his answer, denies the judgment, or sets up any defense which may have arisen subsequently, the summons, with the affidavit annexed, and the answer, constitute the written allegations in the case; if he denies his liability on the obligation upon which the judgment was recovered, a copy of the original complaint and judgment, the summons, with the affidavit annexed, and the answer, constitute such written allegations, subject to the right of the parties to amend their pleadings as in other cases.
§ 993.Allegations
Title 14. Of Miscellaneous Provisions · Chapter 1. Proceedings Against Joint Debtors · Last amended 1907 · Last verified July 28, 2026
In one sentenceSection 993 defines what documents make up the written allegations once a joint debtor answers -- the summons, affidavit, and answer alone if the defendant disputes the judgment or raises a later defense, or those plus a copy of the original complaint and judgment if the defendant denies liability on the underlying obligation.
Full Text of § 993
Plain-English Summary
This section builds the pleadings for the new proceeding out of what's already been filed, tailored to which defense the joint debtor chose under § 992. If the debtor denies the judgment or raises a defense arising after it, the written allegations consist of just the summons with its attached affidavit and the answer.
If instead the debtor denies liability on the obligation underlying the original judgment, more history comes into play: a copy of the original complaint and judgment gets added to the summons, affidavit, and answer to form the written allegations.
Either way, the parties keep the right to amend these pleadings as they could in any other case.
Frequently Asked Questions
What makes up the written allegations if the joint debtor disputes the judgment itself?
The summons with its attached affidavit, together with the joint debtor's answer.
What if the joint debtor denies liability on the underlying obligation instead?
The written allegations then also include a copy of the original complaint and judgment, in addition to the summons, affidavit, and answer.
Can the parties amend these pleadings later?
Yes, § 993 preserves the same right to amend that applies in other cases.
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 proceeding pleadings californiawritten allegations joint debtor summons