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Request for Production of Income and Expense Declaration After Judgment

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REQUEST FOR PRODUCTION OF AN INCOME AND EXPENSE DECLARATION AFTER JUDGMENT

FL-396

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address):

TELEPHONE NO.:

FOR COURT USE ONLY

ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

PETITIONER/PLAINTIFF:

CASE NUMBER:

RESPONDENT/DEFENDANT:

REQUEST FOR PRODUCTION OF AN INCOME

AND EXPENSE DECLARATION AFTER JUDGMENT

(NOTE: This request must be served on the petitioner or respondent and not on an attorney who was or is representing that party.)

To (name):

1. a. As permitted by Family Code section 3664(a), declarant requires that you complete and return the attached Income and Expense Declaration within 30 days after the date this request is served on you. Family Code section 3665(a) requires you to attach copies of your most recent state and federal income tax returns (whether individual or joint) to the completed Income and Expense Declaration.

b. The completed Income and Expense Declaration should be mailed to the following person at the following address (specify):

2. You may consult an attorney about completion of the Income and Expense Declaration or you may proceed without an attorney. The information provided will be used to determine whether to ask for a modification of child, spousal, or family support at this time.

3. If you wish to do so, you may serve a request for a completed Income and Expense Declaration on me. Each of us may use this procedure once a year after judgment even though no legal matter is pending.

Date:

WARNING: If a court later finds that the information provided in response to this request is incomplete or inaccurate or missing the prior year's tax returns, or that you did not submit the information in good faith, the court may order you to pay all costs necessary for me to get complete and accurate information. In addition you could be found to be in contempt and receive other penalties.

Form Adopted by for Mandatory Use

Judicial Council of California

FL-396 [Rev. January 1, 2003]

REQUEST FOR PRODUCTION OF AN INCOME

AND EXPENSE DECLARATION AFTER JUDGMENT

page 1 of 2

Family Code, §§ 3664,

3665, 3668

electronic form ©2002

WWW.LawCA.com

Law Publishers

PETITIONER/PLAINTIFF:

CASE NUMBER:

RESPONDENT/DEFENDANT:

PROOF OF SERVICE BY MAIL

REQUEST FOR PRODUCTION OF AN INCOME AND EXPENSE DECLARATION AFTER JUDGMENT

1. I am over the age of 18 and not a party to this cause. I am a resident of or employed in the county where the mailing took place, and my residence or business address is (specify):

2. I served a copy of the following documents :

a. a completed Request for Production of an Income and Expense Declaration After Judgment, and

b. a blank Income and Expense Declaration (a four-page form).

3. I served a copy of the foregoing documents by mailing them in a sealed envelope with postage fully prepaid, certified mail, return receipt requested, as follows:

a. I deposited the envelope with the United States Postal Service.

b. I placed the envelope for collection and processing for mailing following this business's ordinary practice with which I am readily familiar. On the same day correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service.

4. Manner of service

a. Date of mailing:

b. Place mailed from:

c. Addressed as follows:

Name:

Street:

City, state, and zip code:

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

Date:

FL-396 [Rev. January 1, 2003]

REQUEST FOR PRODUCTION OF AN INCOME

AND EXPENSE DECLARATION AFTER JUDGMENT

page 2 of 2

Family Code, §§ 3664,

3665, 3668

electronic form ©2002

WWW.LawCA.com

Law Publishers

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What the Request for Production of Income and Expense Declaration After Judgment Is

A Request for Production of Income and Expense Declaration After Judgment is a post-judgment discovery tool used by a judgment creditor to obtain the debtor’s financial disclosure. The request seeks an executed income and expense declaration and supporting records needed to evaluate ability to satisfy or arrange payment of a judgment, including pay stubs, bank statements, tax returns, and proof of expenses. Courts commonly permit tailored post-judgment discovery; responses support wage garnishment, bank levies, or negotiated payment plans and must be accurate to avoid sanctions or enforcement delays.

Why this Post-Judgment Request Matters to Enforcement

Using this request clarifies a debtor’s ability to pay and creates a record suitable for enforcement actions, settlement talks, or court motions to collect the judgment.

Why this Post-Judgment Request Matters to Enforcement

Who Prepares and Responds to These Requests

Typical users include judgment creditors and their counsel, pro se creditors, and court clerks assisting enforcement proceedings.

  • Judgment creditor or counsel seeking financial disclosure and enforcement options.
  • Judgment debtor required to complete and produce accurate income and expense records.
  • Court staff or receiver reviewing submissions to set enforcement steps or hearings.

Parties should understand roles: the creditor drafts or serves the request, the debtor completes the declaration, and courts enforce compliance or impose sanctions for refusal or false statements.

What a Professional Request Should Contain

A well-drafted request organizes identification, case context, precise document demands, authentication instructions, signature requirements, and a clear production deadline to reduce disputes.

Caption

Court name, case number, and title of parties so records clearly tie to the judgment and avoid filing or service errors.

Party Identification

Full legal names and contact details for creditor and debtor, plus counsel names and addresses for proper service and follow-up communications.

Judgment Details

State the judgment date, amount, and docket or judgment number to connect the production request explicitly to enforceable obligations.

Requested Records

Itemize requested items: recent pay stubs, bank statements, tax returns, expense receipts, and any contracts or benefits impacting income or assets.

Authentication

Specify whether documents must be sworn, notarized, or accompanied by certification under penalty of perjury to be admissible for enforcement.

Deadlines

Provide a clear production deadline, delivery method, and consequences for noncompliance to reduce ambiguity and speed enforcement.

Step-by-Step: Completing and Serving the Request

Follow these sequential steps from drafting through review to keep the process clear and enforceable.

  • 01
    Draft Request: Prepare precise demands and list attachments.
  • 02
    Set Deadline: Specify a reasonable production date, commonly 14–30 days.
  • 03
    Serve Debtor: Use court-approved service methods for post-judgment documents.
  • 04
    Review Response: Check completeness, verify documentation, and decide enforcement actions.

How Electronic Completion and Exchange Typically Works

An efficient digital workflow reduces handling time and creates an auditable record for enforcement or court filings.

  • Upload Template: Add the income and expense declaration as a PDF or DOCX file.
  • Place Fields: Add signature, date, and input fields for required data.
  • Send Securely: Deliver via secure eSignature platform with authentication options.
  • Capture Audit Trail: Retain timestamps, IP, and signed copies for court evidence.

Typical eSubmission Settings for Post-Judgment Declarations

Configure the workflow to require identity verification, capture an audit trail, and retain a tamper-evident signed record.

Field Configuration
Authentication Email link plus optional SMS code
Signature Type Legally binding e-signature with audit trail
File Format PDF/A preferred for long-term retention
Retention Policy Preserve signed copy and audit trail seven years

Platform Features to Support Secure Production

Choose a solution that supports secure delivery, audit trails, and identity verification appropriate for court use.

  • Supported Formats: PDF, DOCX, and image files
  • Integrations: Salesforce, NetSuite, Microsoft 365
  • Authentication: Email, SMS, KBA options

Confirm the platform preserves an immutable audit trail and can export signed records for court submission or clerk review without altering timestamps or metadata.

Typical Deadlines and Timing Expectations

Timelines vary by jurisdiction and court order; plan for common response windows and follow-up deadlines.

Response Window:

Courts commonly allow 14–30 days to respond to production requests

Motion to Compel:

File promptly after missed deadline according to local rules

Supplemental Production:

Courts may require updated disclosures periodically

Enforcement Action:

Follow review with garnishment, levy, or contempt motions

Record Retention:

Retain produced records until enforcement and appeal windows close

Key Milestones in a Post-Judgment Production Timeline

Track milestones from initial request through enforcement to preserve rights and meet court expectations.

01

Draft and Serve

Prepare the request and serve it using approved methods.

02

Debtor Response

Debtor submits declaration and supporting records within the deadline.

03

Review and Verify

Creditor examines documents, flags gaps or inconsistencies.

04

Enforce or Settle

Proceed with garnishment or negotiate a payment arrangement.

Common Preparation Errors to Avoid

  • Requesting broad, undefined categories that invite objections and prolong disputes instead of targeted financial records.
  • Failing to include a clear deadline and acceptable delivery methods, resulting in service disputes and motion practice.
  • Omitting case information or docket numbers so produced documents cannot be tied directly to the judgment.
  • Not specifying whether documents must be sworn or notarized, creating ambiguity about admissibility and enforcement weight.

How This Request Differs from Other Post-Judgment Discovery

Compare common post-judgment tools to choose the right mechanism for obtaining financial information and enforceable evidence.

Document Type Income & Expense Declaration Subpoena Duces Tecum
Primary Use financial disclosure third-party records
Requires Court Order sometimes often
Response Window typically 14–30 days typically 14–30 days
Enforceable by Contempt yes, if court-ordered yes, if subpoenaed

eSignature Vendor Comparison for Producing and Signing Declarations

Platform pricing and core capabilities vary; signNow is listed first for direct feature comparison across common vendor plans and compliance attributes.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial Yes, 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Security and Compliance Controls for Handling Declarations

Encryption: TLS 1.2/1.3 in transit
Data at Rest: AES-256 encrypted storage
Privacy: HIPAA BAA required for PHI handling
Legal Frameworks: ESIGN and UETA compliant
Audit Trail: Detailed timestamp and IP logs
Access Controls: Role-based permissions and SSO

Penalties and Risks for Incorrect or Incomplete Production

Sanctions: Court-imposed fines or costs
Contempt: Civil contempt proceedings possible
Default Enforcement: Adverse inferences or judgment enforcement
False Statements: Perjury or fraud exposure
Privacy Violations: Potential data-protection penalties
Missed Deadlines: Delay or dismissal of enforcement actions

Real-World Examples of Using Declarations After Judgment

These cases illustrate how organizations used digital declarations to support enforcement or streamline collections.

Martin Properties (Real Estate)

The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers.

  • Reduced in-person processing by eliminating mailed forms.
  • Martin Properties processed post-judgment income disclosures online, accelerating enforcement steps and reducing clerk follow-up time while preserving compliant records.

Fertility Centers of Illinois (Healthcare)

The airSlate SignNow team has been exceptional, responsive, the API has been great, and we're extremely happy that we chose airSlate SignNow as a company.

  • Integrated with case management for secure exchange.
  • The center used digital declarations to collect financial disclosures while protecting privacy and ensuring retention for audit and billing reconciliation.

Best Practices for Accurate and Efficient Completion

Adopt clear drafting, precise field requirements, and a defensible digital workflow to reduce disputes and speed enforcement.

Specify Exact Documents
List specific document types and date ranges to minimize objections; avoid vague requests that invite motion practice and delay enforcement.
Require Certification
Ask for a sworn declaration or notarized signature where court rules permit to strengthen admissibility and deter false statements.
Use Secure Transmission
Send and receive documents through secure platforms that preserve audit trails and provide tamper-evident signed copies for court use.
Document Chain of Custody
Log service attempts, delivery receipts, and all communications to create a record supportive of motions to compel or contempt actions.

Who May Sign or Certify the Declaration

Judgment Creditor Attorney

An attorney for the creditor may prepare, serve, and file the request, and file motions to compel where the debtor fails to respond or production is incomplete.

Judgment Debtor

The debtor or authorized representative completes the income and expense declaration, signs under penalty of perjury, and provides supporting documentation as requested.

Frequently Asked Questions About Post-Judgment Income and Expense Declarations

Answers to common procedural and practical questions when preparing, serving, or responding to a post-judgment declaration.


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