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JDX after winning in small claims court.

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bruce s.

Junior Member
California, I won a $7,500.00 judgment from an individual and am now waiting for the 30 days to go by. I would like to bring him in for a JDX. What do I need to know about this procedure? Can I obtain financial information information on his spouse. As I suspect he is using her bank accounts to hide money. What are the obviouse and not so obviouse questions I should be asking him at the JDX?

I am in the state of California.
JDX means " judge debtors exam".
 
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SIN EATER

Member
Do you mean a debtor's exam ?

CEB (Continuing education of the Bar) has an excellent workbook/soft manual regarding debtor's exams. Go to your county's Law Library and ask the librarian to point you in the right direction.
 

SIN EATER

Member
.. that 'Action Guide' re 'debtor's exam' is out of print.
They do have Action Guides (which will step you through the process) on enforcing Judgments and Writs.
Check out the county Law Library and browse their copies (they're rarely on the open shelves - it's common to see them behind the librarian's desk. Ask and you should be given.)

Also google 'CEB California' (it's part of the CA State Bar). Their Action Guides can be easily understood and followed by laypersons.
 

dcatz

Senior Member
What do I need to know about this procedure?

Here’s a crash course from the L.A. Small Claims Advisory:
http://dca.lacounty.gov/tsJudgementDebtorHearing.html

Here's a simple questionnaire, but many courts will also provide them as hand-outs. Call yours and ask.
http://dca.lacounty.gov/SCForms/JudgmentDebtorQuestionnaire.pdf

The CA Judicial Council also has a form to use to request documents and information by mail:
http://www.courtinfo.ca.gov/forms/fillable/sc133.pdf

The IRS uses a rather exhaustive form that is likely to be more than you need:
http://www.irs.gov/pub/irs-pdf/f433a.pdf#search='Form 433A

Essentially any information concerning assets or reasonably inclined to lead to the discovery of assets is fair game.

Yes, ask about the spouse. You live in a community property state and can reach those assets. If you got a judgment against John and spouse Jane also works, you can file a motion under Code of Civil Procedure sect. 706.109 to subject 50% of the spouse’s non-exempt wages to garnishment.

Also, you might want to use the “search” function to inform yourself about a “turnover order”, but you might need professional assistance to arm yourself for that.
 

kenmikec

Junior Member
Debtor's Exam Lawyer's Cost

I seem to remember reading that lawyer's costs for the Debtor's Exam can be recovered. Is that right? Up to $500?

I can't find that anymore when internet searching.

Thanks.
 

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