EJ-141 Application and Order to Appear for Examination—Consumer Debt

Source: https://www.courts.ca.gov/documents/ej141.pdf

EJ-141 ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO.: FOR COURT USE ONLY NAME: 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:

APPLICATION AND ORDER TO APPEAR FOR CASE NUMBER:
EXAMINATION—CONSUMER DEBT

Instructions to the judgment creditor for completing this form: l Complete the application on page 2 to ask for an examination of a judgment debtor in a case where the judgment concerns consumer debt and was awarded on or after January 1, 2025. (Code Civ. Proc., § 708.111.) l To ask for an examination of the judgment debtor in all other cases, or to ask for an examination of a third person in any case, use Application and Order for Appearance and Examination (form AT-138/EJ-125). l Read Information on Debtor's Examinations Regarding Consumer Debt (form EJ-140-INFO/SC-136-INFO) for more instructions on using this form.

ORDER TO APPEAR FOR EXAMINATION

1. TO (name):

2. YOU ARE ORDERED TO APPEAR personally before this court, or before a referee appointed by the court, to provide information to help enforce a judgment against you. Name and address of court if different from above: g Date: Time: Hearing Date Dept.: Room:

3. This order may be served by a sheriff, marshal, registered process server, or the following specially appointed person (name):

Date: JUDGE

This order must be served no less than 30 days before the date set for the examination. IMPORTANT NOTICES ON PAGE 3

Form Adopted for Mandatory Judicial Council of California Use APPLICATION AND ORDER TO §§ 708.110,Code of708.111,Civil Procedure,708.170 EJ-141 [New January 1, 2025] APPEAR FOR EXAMINATION—CONSUMER DEBT www.courts.ca.gov

EJ-141 PLAINTIFF/PETITIONER: CASE NUMBER: DEFENDANT/RESPONDENT:

APPLICATION FOR ORDER TO APPEAR FOR EXAMINATION

4. Original judgment creditor Assignee of record

   asks the court for an order requiring (name of judgment debtor): to appear in court and give information to help enforce a judgment (final order) for consumer debt.

5. The judgment was awarded on or after January 1, 2025.

6. The judgment concerns consumer debt, meaning any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services that are the subject of the transaction are primarily for personal, family, or household purposes. The judgment does not include rental debt or debts incurred due to, or obtained by, tortious or fraudulent conduct or judgments for unpaid wages, damages, or penalties owed to an employee. (Code Civ. Proc., § 708.111.)

7. The person to be examined is the judgment debtor.

8. Within the past year, the court has not canceled an examination of the judgment debtor in this case after the judgment debtor filed a notice of financial statement in response to an order to appear for examination. (Code Civ. Proc., § 708.111(d)(7).)

9. The person to be examined resides or has a place of business in this county or within 150 miles of the place of examination.

10. This court is not the court in which the judgment is entered. An affidavit supporting an application under Code of Civil Procedure section 491.150 or 708.160 is attached.

11. The judgment debtor has been examined within the past 120 days. An affidavit showing good cause for another examination is attached.

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)

IMPORTANT NOTICES ON PAGE 3

EJ-141 [New January 1, 2025] Page 2 of 3 APPLICATION AND ORDER TO APPEAR FOR EXAMINATION—CONSUMER DEBT

EJ-141 PLAINTIFF/PETITIONER: CASE NUMBER: DEFENDANT/RESPONDENT:

Information for Judgment Creditor Regarding Service

If you want to be able to ask the court to enforce the order on the judgment debtor, you must have a copy of the order personally served on the judgment debtor by a sheriff, marshal, registered process server, or the person appointed in item 3 of the order at least 30 calendar days before the date of the hearing, and have a proof of service filed with the court. When serving the order on the judgment debtor, you must include blank copies of the following forms:

l Information on Debtor's Examinations Regarding Consumer Debt (form EJ-140-INFO/SC-136-INFO)
l Financial Statement—Consumer Debt (form EJ-144)

l Notice of Financial Statement—Consumer Debt (form EJ-143)

l Exemptions From the Enforcement of Judgments (form EJ-155)

l Current Dollar Amounts of Exemptions From Enforcement of Judgments (form EJ-156)

NOTICE TO JUDGMENT DEBTOR

If you fail to appear at the time and place specified in this order, the court may make an order requiring you to pay the reasonable attorney’s fees and costs incurred by the judgment creditor in this proceeding. Instead of appearing at the examination, you may file a notice of judgment debtor’s financial affidavit in a form prescribed by the court (form EJ-143) and signed under penalty of perjury and serve copies of all filed documents and the financial affidavit (form EJ-144) on the judgment creditor no later than 15 days prior to the date set for the examination.

Request for Accommodations. Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available if you ask at least five days before your hearing. Contact the clerk’s office or go to courts.ca.gov/forms for Disability Accommodation Request (form MC-410). (Civil Code, § 54.8.)

EJ-141 [New January 1, 2025] Page 3 of 3 APPLICATION AND ORDER TO APPEAR FOR EXAMINATION—CONSUMER DEBT For your protection and privacy, please press the Clear This Form button after you have printed the form. Print this form Save this form Clear this form