Fill and Sign the Assets Examination Form

DATE DAY TIME PLACE COURTUSE 1 . ––– –––– ––––– ––––– 2. ––– –––– ––––– ––––– 3. ––– –––– ––––– –––––––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– –– ––––– ––––– ––––– ––––– ––––––––––HEARING DATE FECHA DEL JUICIO ––––– –––––––––– SC- 134 Name and Address of Court: SMALL CLAIMS CASE NO.: PLAI NTIFF/DEMANDANTE (Name, street address, and telephone number of each: ) DEFENDANT/DEMANDADO (Name, street address, and telephone number of each Telephone No.: Telephone No.: See attached sheet for additional plaintiffs and defendants. ORDER TO PRODUCE STATEMENT OF ASSETS AND TO APPEAR FOR EXAMINATION 1. TO JUDGMENT DEBTOR (name): 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 wriften 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 in the box below, and (2) bring with you a completed Judgment Debtor's Statement of Asset (torm SC-133). (At the hearing you will be required to explain why you did not complete and mail form SC-133 to judgment creditor within 30 days after the Notice of Entry of Judgmen (form SC-130) was mailed or handed to you by the clerk, and to answer questions about your income and assets.) If you fail to appear and have not paid the judgment, in- cluding post-judgment costs and interest, a bench warrant may be issued for your arrest, you may be held in contempt of court, and you may be ordered to pay penalties. Si usted no se presenta y no ha pagado el monto del fallo judicial, inclusive las costas e intereses posteriores al fallo, la corte puede expedir una orden de detencion contra usted, 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) APPLICATION FOR THIS ORDER A. 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 Asset (form SC-1 33), explain why judgment debtor did not pay the judgment or complete and mail form SC-1 33 to judgment creditor within 30 days after the Notice of Entry of Judgmen Was mailed or handed to judgment debtor, and answer questions about judgment debtor's income and assets. B. Judgment creditor states the following: (1) Judgment debtor has not paid the judgment. (2) Judgment debtor either did not file an appeal or the appeal has been dismissed or judgment debtor lost the appeal. (3) Judgment debtor either did not file a motion to vacate or the motion to vacate has been denied. (4) More than 30 days have passed since the Notice of Entry of Judgmen fdrm was mailed or delivered to judgment debtor. (5) Judgment creditor has not received a completed Judgment Debtor's Statement of Asset form from judgment debtor. (6) The person to be examined resides or has a place of business in this county or within 150 miles of the place of examination. 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) (See Instructions on reverse) (DECLARA NT) - The county provides small claims advisor services free of charge. - Form Adopted by the APPLICATION AND ORDER TO PRODUCE STATEMENT OF ASSETS AND TO APPEAR FOR EXAMINATION (Small Claims) , Judicial Council of California SC-134 [Rev. January 1, 2007] CCP §§ 1 1 6.820, 11 6.830electronic form ã 1999- 2007 WWW.LawCA.com Law Publishers INSTRUCTIONS FOR JUDGMENT CREDITOR 1. To set a hearing on an Application for Order to Produce Statement of Assets and to Appear for Examination , you must complete this form, present it to the court clerk, and pay the fee for an initial hearing date or a reset hearing date. 2. After you file this form, the clerk will set a hearing date, note the hearing date on the form, and return two copies or an original and one copy of the form to you. 3. You must have a copy of this form and a blank copy of the Judgment Debtor's Statement of Asset (form SC-133) personally served on the judgment debtor by a sheriff, marshal, or registered process server at least 10 calendar days before the date of the hearing, and have a proof of service filed with the court. The law provides for a new fee if you reset the hearing. 4. If the judgment is paid, including all postjudgment costs and interest, you must immediately complete the Acknowledgment of Satisfaction of Judgmen form on the reverse of the Notice of Entry of Judgment (fbrm SC-130) and file a copy with the court. 5. You must attend the hearing unless the judgment has been paid. 6. 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). This form is not intended to replace the Application and Order forAppearance and Examination (form EJ-125), often called an ''Order for Examination.'' The Application and Order for Appearance and Examination may still be used to enforce a small claims judgment if you are not seeking at the same time to make the debtor complete a Judgment Debtor's Statement of Assets SC-1 34 [Rev. January 1, 1999] APPLICATION AND ORDER TO PRODUCE STATEMENT OF ASSETS AND TO APPEAR FOR EXAMINATION (Small Claims) WWVV.LavvCA.com Paget wo Law Publisher