EJ-146 Notice of Motion and Motion to Require Examination—Consumer Debt

Source: https://www.courts.ca.gov/documents/ej146.pdf

EJ-146 ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO.: NAME: FOR COURT USE ONLY FIRM NAME: STREET ADDRESS: CITY: STATE: ZIP CODE: TELEPHONE NO.: FAX NO.: EMAIL ADDRESS: ATTORNEY FOR (name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME:

PLAINTIFF/PETITIONER:

DEFENDANT/RESPONDENT: NOTICE OF MOTION AND MOTION TO CASE NUMBER: REQUIRE EXAMINATION—CONSUMER DEBT

Instructions to the judgment creditor for completing this form: l The original of this form must be filed with the court within 15 days of the filing of Notice of Financial Statement—Consumer Debt (form EJ-143). l A copy of the judgment debtor's completed Financial Statement—Consumer Debt (form EJ-144) must be attached when filing this form. l Read Information on Debtor's Examinations Regarding Consumer Debt (form EJ-140-INFO/SC-136-INFO) for more instructions on completing, filing, and serving this form.

TO THE JUDGMENT DEBTOR (name):

1. Please take notice that (name of judgment creditor): is asking the court for an order requiring you (the judgment debtor) to come to court to provide information to help enforce a judgment against you. (Code Civ. Proc., § 708.111(d).)

2. A hearing on this motion will be held as follows: Name and address of court if different from above: g Date: Time: Hearing Date Dept.: Room:

3. The judgment debtor was ordered to appear for examination on (date):

4. The judgment debtor filed a notice of financial statement on (date):

5. The judgment debtor's financial statement stated that all of the judgment debtor's income and assets are exempt from enforcement of judgment.

6. The court canceled the examination because the judgment debtor stated in their financial statement that all of their income and assets are exempt from enforcement of judgment.

7. Even though the judgment debtor has filed a financial statement, an examination of the judgment debtor is still necessary. The facts supporting good cause for an examination are (be specific; if you object to the judgment debtor's claimed exemptions from enforcement of judgment, you can describe your objections here):

If more space is needed, check here and create and attach a page labeled Attachment 7.

Form Approved for Judicial Council of California Mandatory Use NOTICE OF MOTION AND MOTION TO REQUIRE CodeCal.of CivilRulesProcedure,of Court, rule§ 708.111;3.1905 EJ-146 [New January 1, 2025] EXAMINATION—CONSUMER DEBT www.courts.ca.gov

EJ-146 PLAINTIFF/PETITIONER: CASE NUMBER: DEFENDANT/RESPONDENT:

8. The judgment concerns debt that is secured by real property or personal property, and the judgment debtor has not provided accurate information regarding (check all that apply)

   a. the location or condition of the security. b. the status of insurance on the security. c. the status of taxes due on the security.

9. The facts necessary to support item 8 are (describe)

   If more space is needed, check here and create and attach a page labeled Attachment 9.

10. The judgment creditor will not appear at the hearing and submits the issue on the papers filed with the court.

(If the judgment creditor is represented by an attorney, the attorney must sign below): Date:

(TYPE OR PRINT NAME) (SIGNATURE OF ATTORNEY)

DECLARATION

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date:

(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)

EJ-146 [New January 1, 2025] NOTICE OF MOTION AND MOTION TO REQUIRE Page 2 of 2 EXAMINATION—CONSUMER DEBT

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