Orange — Small Claims – Order to Produce Statement of Assets and to Appear for Examination

Source: https://www.occourts.org/system/files/selfhelp/shc-sc-05.pdf

SUPERIOR COURT OF CALIFORNIA Self-Help Services COUNTY OF ORANGE www.occourts.org/self-help

SMALL CLAIMS: ORDER TO PRODUCE STATEMENT OF ASSETS AND APPEAR FOR EXAMINATION

SELF-HELP FORM PACKET

SHC-SC-05 (Rev. 01/01/2025)

Self-Help Services can review your completed forms before you file them with the Court. To request review of your completed forms: • In person review: Central Justice Center or the Lamoreaux Justice Center • Virtual (remote) review: Any branch court, including the Costa Mesa Justice Complex. To File In Person: Central Justice Center 700 Civic Center Drive West Santa Ana, CA 92701 Civil Division, 1st floor, Room K-100

www.occourts.org/self-help

NAME AND ADDRESS OF COURT: SMALL CLAIMS CASE NO.: SC-134

FOR COURT USE ONLY

PLAINTIFF/DEMANDANTE (name and street address of each):

Telephone No.: DEFENDANT/DEMANDADO (name and street address of each):

Telephone No.: See attached sheet for additional plaintiffs and defendants.

ORDER TO PRODUCE STATEMENT OF ASSETS AND TO APPEAR FOR EXAMINATION

Instructions to the judgment creditor (the party who won the case and is owed money) for completing this form: Complete the application on page 2 to ask the court to require the judgment debtor (the person or business who lost the case and owes money) to come to court with a completed Judgment Debtor's Statement of Assets (form SC-133) and answer questions about their money and property. Do not use this form if Notice of Entry of Judgment (form SC-130 or SC-200) says the judgment concerns consumer debt. Use Application and Order to Produce Financial Statement or Appear for Examination—Consumer Debt (form SC-136) instead. Read What to Do After the Court Decides Your Small Claims Case (form SC-200-INFO) for help choosing the correct form and for information about steps you must take after the court decides your case.

1. TO JUDGMENT DEBTOR (name): If the judgment debtor is a corporation, partnership, or other organization, they should read the notice on page 3 of form AT-138/ EJ-125.

2. YOU ARE ORDERED a. to pay the judgment and file proof of payment (a canceled check or money order or cash receipt, and a written declaration that shows full payment of the judgment, including postjudgment costs and interest) with the court before the hearing date shown in the box below, OR

   b. to (1) personally appear in this court on the date and time shown below, and (2) bring with you a completed Judgment Debtor's Statement of Assets (form SC-133). At the hearing, you will be required to answer questions about your money and property; and explain why you did not complete and mail form SC-133 to judgment creditor in a timely manner. (You should have sent it within 30 days after the Notice of Entry of Judgment (form SC-130) was mailed or handed to you by the clerk.) Name and address of court if different from above: Hearing Date: Time: Date Dept.: Room:

If you fail to appear and have not paid the judgment, Si no asiste a la audiencia y no ha pagado el monto del fallo including postjudgment costs and interest, a bench warrant judicial, incluyendo los costos e intereses posteriores al may be issued for your arrest, you may be held in contempt fallo, la corte puede emitir una orden de arresto contra usted, of court, and you may be ordered to pay penalties. declararle en desacato, y ordenar que pague multas.

3. This order may be served by a sheriff, marshal, or registered process server.

Date:

(SIGNATURE OF JUDGE)

This order must be served no less than 30 days before the date set for the examination.

Form Adopted for Mandatory Use APPLICATION AND ORDER TO PRODUCE STATEMENT Code of Civil Procedure, §§ 116.820, Judicial Council of California 116.830, 708.110, 708.170 SC-134 [Rev. Jan. 1, 2025] OF ASSETS AND TO APPEAR FOR EXAMINATION www.courts.ca.gov (Small Claims)

SC-134 APPLICATION FOR THIS ORDER

4. Judgment creditor (the person who won the case) (name): applies for an order requiring judgment debtor (the person or business who lost the case and owes money) (name): to (1) pay the judgment or (2) personally appear in this court with a completed Judgment Debtor's Statement of Assets (form SC-133), explain why judgment debtor did not pay the judgment or complete and mail form SC-133 to judgment creditor within 30 days after Notice of Entry of Judgment (form SC-130 or SC-200) was mailed or handed to judgment debtor, and answer questions about judgment debtor's money and property.

5. I, judgment creditor, state the following:

a. Judgment debtor has not paid the judgment.

b. Judgment debtor either did not file an appeal, or the appeal has been dismissed, or judgment debtor lost the appeal.

c. Judgment debtor either did not file a motion to vacate, or the motion to vacate has been denied.

d. More than 30 days have passed since Notice of Entry of Judgment was mailed or delivered to judgment debtor.

e. I have not received a completed Judgment Debtor's Statement of Assets (form SC-133) from judgment debtor.

f. Judgment debtor resides or has a place of business in this county or within 150 miles of the place of examination.

6. Notice of Entry of Judgment (form SC-130 or SC-200) does not say the judgment includes an amount "concerning consumer debt (Code Civ. Proc., § 708.111)."

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) (DECLARANT)

INSTRUCTIONS FOR APPLICANT

Most counties are required to have a Small Claims Advisor to give free legal information in small claims cases.

1. This form is intended to be an easy tool to enforce your right to receive a completed Judgment Debtor's Statement of Assets (form SC-133). If you only want to ask the court to order the judgment debtor to come to court for an examination (answering questions about their money and property) and you do not want to enforce your right to receive a completed Judgment Debtor's Statement of Assets (form SC-133), use Application and Order for Appearance and Examination (form EJ-125). If you have already examined this judgment debtor and want to ask for another examination, use form EJ-125.

2. Complete item 1 on page 1 and items 4 and 5 on page 2 of this form, then contact the court clerk to schedule a hearing date and location. Enter the hearing time, date, and location you received from the clerk in the “Hearing Date” section on page 1. Sign and date the form. Make at least one copy of the completed form for your records.

3. File the completed original form SC-134 with the court and pay the filing fee.

4. If you want to be able to ask the court to enforce the order on the judgment debtor (the person or business who lost the case and owes money), you must have a copy of this form and a blank copy of Judgment Debtor's Statement of Assets (form SC-133) served on the judgment debtor in person by a sheriff, marshal, or registered process server at least 30 calendar days before the date of the hearing, and have the original proof of service filed with the court. If you reset the hearing, you will have to pay a new filing fee.

5. You must attend the hearing unless the judgment has been paid. Bring a copy of your completed form SC-134 with you to the hearing.

   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 www.courts.ca.gov/forms for Disability Accommodation Request (form MC-410). (Civil Code, § 54.8.)

SC-134 [Rev. Jan. 1, 2025] APPLICATION AND ORDER TO PRODUCE STATEMENT Page 2 of 2 OF ASSETS AND TO APPEAR FOR EXAMINATION (Small Claims)

MAIL TO THE JUDGMENT CREDITOR SC-133 DO NOT FILE WITH THE COURT JUDGMENT CREDITOR (the person or business who won the case) (name):

JUDGMENT DEBTOR (the person or business who lost the case and owes money) (name):

SMALL CLAIMS CASE NO.: AVISO AL DEUDOR POR FALLO JUDICIAL: Usted debe (1) NOTICE TO JUDGMENT DEBTOR: You must (1) pay the pagar el monto del fallo judicial, o (2) presentar un recurso judgment or (2) appeal or (3) file a motion to vacate. If you fail de apelación o (3) presentar un recurso de nulidad. Si usted to pay or take one of the other two actions, you must complete no paga el fallo o presenta uno de estos dos recursos, deberá and mail this form to the judgment creditor. If you do not, you llenar y enviar por correo este formulario a su acreedor por fallo may have to go to court to answer questions and may have judicial. Si no lo hace, es posible que deba presentarse ante la penalties imposed on you by the court. corte para contestar preguntas y pagar las multas que la corte le pueda imponer. INSTRUCTIONS The small claims court has ruled that you owe money to the judgment creditor.

1. You may appeal a judgment against you only on the other party's claim. You may not appeal a judgment against you on your claim. a. If you appeared at the trial and you want to appeal, you must file a Notice of Appeal (form SC-140) within 30 days after the date the Notice of Entry of Judgment (form SC-130 or SC-200) was mailed or handed to you by the clerk. b. If you did not appear at the trial, before you can appeal, you must first file a Notice of Motion to Vacate Judgment and Declaration (form SC-135) and pay the required fee within 30 days after the date the Notice of Entry of Judgment was mailed or handed to you. The judgment cannot be collected until the motion is decided. If your motion is denied, you then have 10 days after the date the notice of denial was mailed to file your appeal.

2. Unless you pay the judgment or appeal the judgment or file a motion to vacate, you must fill out this form and mail it to the person who won the case within 30 days after the Notice of Entry of Judgment was mailed or handed to you by the clerk. Mailing this completed form does not stay enforcement of the judgment.

3. If you lose your appeal or motion to vacate, you must pay the judgment, including postjudgment costs and interest. As soon as the small claims court denies your motion to vacate and the denial is not appealed, or receives the dismissal of your appeal or judgment from the superior court after appeal, the judgment is no longer suspended and may be immediately enforced against you by the judgment creditor.

4. Unless you have paid the judgment, complete and mail this form to the judgment creditor within 30 days after the date the clerk mails or delivers to you (a) the denial of your motion to vacate, or (b) the dismissal of your appeal, or (c) the judgment against you on your appeal. If you were sued as an individual, skip this box and begin with item 1 below. Otherwise, check the applicable box, attach the documents indicated, and complete item 15 on the reverse. a. (Corporation or partnership) Attached to this form is a statement describing the nature, value, and exact location of all assets of the corporation or the partners, and a statement showing that the person signing this form is authorized to submit this form on behalf of the corporation or partnership. b. (Governmental agency) Attached to this form is the statement of an authorized representative of the agency stating when the agency will pay the judgment and any reasons for its failure to do so. JUDGMENT DEBTOR'S STATEMENT OF ASSETSEMPLOYMENT

5. What are your sources of income and occupation? (Provide job title and name of division or office in which you work.)

6. a. Name and address of your business or employer (include address of your payroll or human resources department, if different):

   b. If not employed, names and addresses of all sources of income (specify):

7. How often are you paid? daily every two weeks monthly weekly twice a month other (explain):

8. What is your gross pay each pay period? $

9. What is your take-home pay each pay period? $

10. If your spouse earns any income, give the name of your spouse, the name and address of the business or employer, job title, and division or office (specify):

Form Adopted for Mandatory Judicial Council of California Use JUDGMENT DEBTOR'S STATEMENT OF ASSETS Code§§ 116.620(a),of Civil Procedure,116.830 SC-133 [Rev. January 1, 2011] (Small Claims) www.courts.ca.gov

CASH, BANK DEPOSITS 7. How much money do you have in cash? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8. How much other money do you have in banks, savings and loans, credit unions, and other financial institutions either in your own name or jointly (list): Name and address of financial institution Account number Individual or joint? Balance a. $

b. $

c. $

PROPERTY 9. List all automobiles, other vehicles, and boats owned in your name or jointly: Legal owner if different Make and year License and vehicle identification (VIN) numbers Value from registered owner Amount owed a. $ $ b. $ $ c. $ $ d. $ $ 10. List all real estate owned in your name or jointly: Address of real estate Fair market value Amount owed a. $ $

b. $ $

OTHER PERSONAL PROPERTY (Do not list household furniture and furnishings, appliances, or clothing.) 11. List anything of value not listed above owned in your name or jointly (continue on attached sheet if necessary): Description Value Address where property is located a. $

b. $

c. $

12. Is anyone holding assets for you? Yes No If yes, describe the assets and give the name and address of the person or entity holding each asset (specify):

13. Have you disposed of or transferred any asset within the last 60 days? Yes No If yes, give the name and address of each person or entity who received any asset and describe each asset (specify):

14. If you are not able to pay the judgment in one lump sum, you may be able to make payment arrangements with the person or business who won the case (the judgment creditor). State the amount that you can pay each month: $ , beginning on (date): . If you are unable to agree, you may also ask the court for permission to make installment payments by filing a Request to Make Payments (form SC-220).

15. 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)

Mail or deliver this completed form to the judgment creditor at the address shown on the Notice of Entry of Judgment form.

SC-133 [Rev. January 1, 2011] JUDGMENT DEBTOR'S STATEMENT OF ASSETS Page 2 of 2 (Small Claims)

SC-107 Name and Address of Court:

SMALL CLAIMS CASE NO.
PLAINTIFF/DEMANDANTE (Name, address, and telephone number of each): DEFENDANT/DEMANDADO (Name, address, and telephone number of each):

Telephone No.: Telephone No.:

Telephone No.: Telephone No.: See attached sheet for additional plaintiffs and defendants.

SMALL CLAIMS SUBPOENA

FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGS AT TRIAL OR HEARING AND DECLARATION

THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of witness, if known):

1. YOU ARE ORDERED TO APPEAR AS A WITNESS in this case at the date, time, and place shown in the box below UNLESS your appearance is excused as indicated in box 4b below or you make an agreement with the person named in item 2 below. a. Date: Time: Dept.: Div.: Room: b. Address:
2. IF YOU HAVE ANY QUESTIONS ABOUT THE TIME OR DATE YOU ARE TO APPEAR, OR IF YOU WANT TO BE CERTAIN THAT YOUR PRESENCE IS REQUIRED, CONTACT THE FOLLOWING PERSON BEFORE THE DATE ON WHICH YOU ARE TO APPEAR: a. Name of subpoenaing party: b. Telephone number:
3. Witness Fees: You are entitled to witness fees and mileage actually traveled both ways, as provided by law, if you request them at the time of service. You may request them before your scheduled appearance from the person named in item 2. PRODUCTION OF DOCUMENTS AND THINGS

(Complete item 4 only if you want the witness to produce documents and things at the trial or hearing.) 4. YOU ARE (item a or b must be checked): a. Ordered to appear in person and to produce the records described in the declaration on page two. The personal attendance of the custodian or other qualified witness and the production of the original records are required by this subpoena. The procedure authorized by Evidence Code sections 1560(b), 1561, and 1562 will not be deemed sufficient compliance with this subpoena. b. Not required to appear in person if you produce (i) the records described in the declaration on page two and (ii) a completed declaration of custodian of records in compliance with Evidence Code sections 1560, 1561, 1562, and 1271. (1) Place a copy of the records in an envelope (or other wrapper). Enclose the original declaration of the custodian with the records. Seal the envelope. (2) Attach a copy of this subpoena to the envelope or write on the envelope the case name and number; your name; and the date, time, and place from item 1 in the box above. (3) Place this first envelope in an outer envelope, seal it, and mail it to the clerk of the court at the address in item 1. (4) Mail a copy of your declaration to the attorney or party listed at the top of this form. 5. IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER CODE OF CIVIL PROCEDURE SECTION 1985.3 OR 1985.6 AND A MOTION TO QUASH OR AN OBJECTION HAS BEEN SERVED ON YOU, A COURT ORDER OR AGREEMENT OF THE PARTIES, WITNESSES, AND CONSUMER OR EMPLOYEE AFFECTED MUST BE OBTAINED BEFORE YOU ARE REQUIRED TO PRODUCE CONSUMER OR EMPLOYEE RECORDS. DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE FOR THE SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY. [SEAL] Date issued:

Clerk, by , Deputy
David H. Yamasaki, Clerk of the Court
(See reverse for declaration in support of subpoena) Page one of three

Form Adopted for Mandatory Judicial Council of California Use SMALL CLAIMS SUBPOENA Code of Civil§ 1985Procedure,et seq. SC-107 [Rev. January 1, 2000] AND DECLARATION L-520 (Rev. December 2, 2016)

PLAINTIFF/PETITIONER: CASE NUMBER:

DEFENDANT/RESPONDENT:

DECLARATION IN SUPPORT OF

SMALL CLAIMS SUBPOENA FOR PERSONAL APPEARANCE

AND PRODUCTION OF DOCUMENT AND THINGS AT TRIAL OR HEARING (Code Civil Procedure sections 1985, 1987.5)

1. I, the undersigned, declare I am the plaintiff defendant judgment creditor other (specify): in the above entitled action.

2. The witness has possession or control of the following documents or other things and shall produce them at the time and place specified on the Small Claims Subpoena on the first page of this form. a. For trial or hearing (specify the exact documents or other things to be produced by the witness):

   Continued on Attachment 2a.

   b. After trial to enforce a judgment (specify the exact documents or other things to be produced by the party who is the judgment debtor or other witness possessing records relating to the judgment debtor): (1) Payroll receipts, stubs, and other records concerning employment of the party. Receipts, invoices, documents, and other papers or records concerning any and all accounts receivable of the party. (2) Bank account statements, canceled checks, and check registers from any and all bank accounts in which the party has an interest. (3) Savings account passbooks and statements, savings and loan account passbooks and statements, and credit union share account passbooks and statements of the party. (4) Stock certificates, bonds, money market certificates, and any other records, documents, or papers concerning all investments of the party. (5) California registration certificates and ownership certificates for all vehicles registered to the party. (6) Deeds to any and all real property owned or being purchased by the party. (7) Other (specify):

3. Good cause exists for the production of the documents or other things described in paragraph 2 for the following reasons:

   Continued on Attachment 3.

4. These documents are material to the issues involved in this case for the following reasons:

   Continued on Attachment 4.

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 PARTY) (See proof of service on page three) SC-107 [Rev. January 1, 2000] SMALL CLAIMS SUBPOENA Page two of three AND DECLARATION

PLAINTIFF/PETITIONER: CASE NUMBER:

DEFENDANT/RESPONDENT:

PROOF OF SERVICE OF SMALL CLAIMS SUBPOENA FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGS AT TRIAL OR HEARING AND DECLARATION

1. I served this Small Claims Subpoena for Personal Appearance and Production of Documents and Things at Trial or Hearing and Declaration by personally delivering a copy to the person served as follows: a. Person served (name):

b. Address where served:

c. Date of delivery:

d. Time of delivery:

e. Witness fees (check one):
(1) were offered or demanded
and paid. Amount: . . . . . $
(2) were not demanded or paid.

f. Fee for service: . . . . . . . . . . . . . . . $

2. I received this subpoena for service on (date):

3. Person serving: a. Not a registered California process server. b. California sheriff, marshal, or constable. c. Registered California process server. d. Employee or independent contractor of a registered California process server. e. Exempt from registration under Business & Professions Code section 22350(b). f. Registered professional photocopier. g. Exempt from registration under Business & Professions Code section 22451. h. Name, address, and telephone number and, if applicable, county of registration and number:

I declare under penalty of perjury under the laws of the State (For California sheriff, marshal, or constable use only) of California that the foregoing is true and correct. I certify that the foregoing is true and correct.

Date: Date:

(SIGNATURE) (SIGNATURE)

SC-107 [Rev. January 1, 2000] PROOF OF SERVICE OF SMALL CLAIMS SUBPOENA Page three of three FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AT TRIAL OF HEARING AND DECLARATION