AB 1119: Enforcement of judgments.

Existing law permits a judgment creditor to apply to the court for an order requiring the judgment debtor, or another person who is in possession and control of property of the judgment debtor, to appear before the court to provide information to aid in the enforcement of a money judgment, as specified. Existing law requires the judgment creditor to personally serve a copy of that order on the judgment debtor not less than 10 days before the date set for the examination. Existing law permits the court to issue a warrant for the arrest of, a warrant to compel the attendance of, and may hold in contempt, a judgment debtor who fails to appear in response to such an order.

This bill would extend the notice of the examination required to be given to the judgment debtor to not less than 30 days before the examination. The bill would authorize a judgment debtor in a case involving consumer debt, as defined, to serve a financial affidavit signed under penalty of perjury, as specified, and file with the court a notice of financial affidavit and proof of service in lieu of appearing for the examination. If the judgment debtor files the notice and proof of service, the bill would require the court to cancel the financial examination unless the judgment creditor files, under oath, as specified, a notice of motion for an order determining the need for the debtor to appear for a debtors examination. If the judgment creditor files such a notice of motion in a timely manner, the bill would require the court to decide, either on the pleadings or through a hearing, whether the judgment debtor must appear for a debtors examination, as provided. By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program.

This bill would also prohibit a court from issuing a warrant for the arrest of a judgment debtor in a case concerning consumer debt based on the judgment debtors failure to appear or failure to file a judgment debtors financial affidavit. In these circumstances, the bill would authorize the court to issue an order to show cause to determine whether a warrant to compel the judgment debtors attendance should be issued, which the judgment debtor could satisfy by filing a judgment debtors financial affidavit described above. The bill would require the Judicial Council to create and update its forms to reflect these changes.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.