California Judgment Debtor Examination: How to Force Asset Disclosure

When You Need a Debtor Examination

After you win a California small claims judgment and the 30-day enforcement stay expires, your biggest problem is usually information. You know the debtor owes you money, but you may not know where they bank, where they work, or what they own. The debtor is supposed to mail you a completed Statement of Assets (Form SC-133) within 30 days, but compliance is low. When no statement arrives — or the one you receive is incomplete — a debtor examination under oath is the statutory tool for forcing disclosure.

SC-134 vs. EJ-125: Which Form to Use

California offers two paths to compel a debtor's appearance:

For small claims creditors, Form SC-134 is the standard choice. You file it with the court clerk, pay the $60 fee, and the clerk sets a hearing date. The order must be personally served on the debtor — mail service doesn't count — at least 30 calendar days before the hearing.

If you need to examine a third party who holds the debtor's assets (a bank, employer, or business partner), you use Form EJ-125 under CCP § 708.120 instead. The service window is shorter at 10 days, and you need to separately notify the debtor of the third-party examination.

The Consumer Debt Framework (EJ-141)

For judgments entered on or after January 1, 2025, on personal or household consumer debt, a separate framework applies using Form EJ-141. The key difference: the debtor can avoid appearing entirely by serving Form EJ-144 (Financial Statement) at least 15 days before the hearing date. The service window matches SC-134 at 30 days, and you must include blank copies of Forms EJ-143, EJ-144, EJ-140-INFO, EJ-155, and EJ-156 when serving the order.

How to Serve the Examination Order

Personal service is mandatory. A registered process server, sheriff, or any non-party adult over 18 can serve the papers. File proof of service (Form POS-020 or POS-040) with the court clerk before the hearing.

You can also obtain Form SC-107 (Small Claims Subpoena for Personal Appearance and Production of Documents) from the clerk at no additional fee. This subpoena compels the debtor to bring specific financial documents — bank statements, pay stubs, tax returns, vehicle titles, real estate deeds. Serve it at least 10 calendar days before the hearing.

The examination must take place within 150 miles of the debtor's residence or the court's location.

What to Ask at the Examination

The judge or temporary judge conducts the examination, but you can submit questions. Focus on actionable asset information:

• Current employer name, address, and pay frequency
• All bank and credit union accounts with branch locations
• Vehicles owned (make, model, year, loan balance)
• Real property owned in any California county
• Other pending judgments or debts
• Income from self-employment, rental property, or investments
• Whether the debtor expects any lump-sum payments (tax refunds, insurance settlements)

What Happens If the Debtor Doesn't Show

If the debtor was properly served and doesn't appear, the court can issue sanctions under CCP § 708.170. The judge may issue an Order to Show Cause regarding contempt or a bench warrant for the debtor's arrest. The warrant is executed by law enforcement — as a creditor, you have no authority to threaten arrest or take enforcement action yourself.

Before the court will issue a bench warrant, proof of service must be on file showing the debtor received the examination order at least 30 days before the hearing. Defective or incomplete service is the most common reason bench warrants are denied.

After the Examination

The information you gather under oath becomes the basis for your enforcement strategy. If the debtor reveals a bank account, you can levy it. If they're employed, you can garnish wages through an earnings withholding order. If they own real property, you can record an abstract of judgment.

The California Small Claims Judgment Collection Guide walks through each enforcement tool that follows a debtor examination — from the sheriff packet assembly for bank levies to the wage garnishment forms and property lien recordings.

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