Orange California Application and Order for Appearance and Examination — same as AT-138 is a legal document used in the state of California. This document is typically filed by a judgment creditor who wants to initiate the process of collecting a debt from a judgment debtor. The Orange California Application and Order for Appearance and Examination — same as AT-138 begins with a heading that includes the court name, case number, and the names of the parties involved. This information is essential for identifying the case accurately. The purpose of this application is to request an order from the court for the appearance and examination of the judgment debtor. The judgment creditor seeks to obtain information about the debtor's assets, income, and financial situation to facilitate the collection of the debt owed. The Orange California Application and Order for Appearance and Examination — same as AT-138 may include various sections, such as: 1. Applicant's Information: This section includes the name, address, and contact information of the judgment creditor or their legal counsel. It also specifies their role in the case. 2. Judgment Debtor's Information: Here, the application requires the name, address, and contact details of the judgment debtor. This information is crucial for locating the debtor and serving them with the order if granted. 3. Supporting Documentation: The application may require the judgment creditor to attach relevant documents supporting their claim, such as a copy of the judgment or an affidavit of service. 4. Purpose of Examination: This section outlines the purpose of the examination, which is to gather information about the debtor's assets, income, and financial situation. The judgment creditor aims to determine the most effective method for debt collection based on this information. 5. Legal Authority: The application cites the specific sections of the California Code of Civil Procedure that authorize the court to grant the application and order for appearance and examination. 6. Declaration: The judgment creditor or their legal counsel signs a declaration under penalty of perjury, stating that the information provided is true and accurate to the best of their knowledge. Different variations or types of the Orange California Application and Order for Appearance and Examination — same as AT-138 may exist based on minor changes in formatting or court-specific requirements. However, the fundamental purpose and content remain consistent across these variations. In summary, the Orange California Application and Order for Appearance and Examination — same as AT-138 is a critical legal document used by judgment creditors to request the court's permission to examine a judgment debtor's financial situation. Through this application, the creditor aims to collect a debt owed to them by gathering crucial information about the debtor's assets and income.
Orange California Application and Order for Appearance and Examination - same as AT-138
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How to fill out Orange California Application And Order For Appearance And Examination - Same As AT-138?
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Tells the court and others that a judgment has been paid in full or in part. Can be recorded with a county to release a lien against the judgment debtor's land or filed with the Secretary of State to release a lien against the debtor's personal property. Get form EJ-100.
To attach a lien to real estate, the creditor can take or mail the Abstract of Judgment to the county recorder's office in any California county where the debtor owns real estate now, or may own it in the future.
The writ of execution expires 180 days after the issuance. Manner of Service Personal Service. Proof of Service A proof of service is not issued. Instead, a return detailing the Sheriff's actions is prepared which accompanies the writ of execution when it is returned to the court.
You only need the full name of the Judgment creditor and full name of judgment debtor in order to fill out the form. Once the form SC-134 is filled out, bring the completed form to the civil clerk window inside the courthouse. The clerk will return the forms to you with a court date.
Examples of documents you might need include things like bank statements, account numbers, pay stubs, tax returns, or credit card statements. During the exam, the creditor's attorney or representative can also ask you to provide documents as proof of your answers.
The most effective way to stop a writ of execution is to ask the Judgment Creditor to stop it. The sheriff will often back off if the parties are working to resolve the judgment. We have plenty of experience in settling judgments. Another sure fire way to stop a writ of execution is to file for Bankruptcy.
Writ of Execution (EJ-130) Tells the sheriff to take action to enforce a judgment. Used with instructions to the sheriff to levy bank accounts, garnish wages, or take possession of personal property. Get form EJ-130. Revised: September 1, 2020. View EJ-130 Writ of Execution form.
An Order of Examination is a court process to aid enforcement of a monetary judgment. The party being examined will be required to furnish information to aid in the enforcement of a monetary judgment.
This examination is a formal court proceeding in which the judgment creditor may question the debtor to obtain information about the location and value of the judgment debtor's assets, including paychecks and other sources of income, bank accounts, stocks and other investments, and personal and real property.
A writ of execution is a court order granted to you that typically orders a sheriff or other similar official to take possession of property owned by the judgment debtor.
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Order for appearances may also be accomplished by telephone by contacting the office. Agency is responsible for all fees associated with the investigation. These include but are not limited to the cost of depositions, subpoena fees, and administrative fees. Charges are assessed in accordance with the state code. Contact your local agency for additional information; however, in some instances, your local government will need to provide any necessary forms. Additional information is available on the website of the Los Angeles County Clerk and Register of Deeds. Click the link to complete the Local Government Search. Do not attempt to prepare documents or obtain them with or without the assistance of an attorney.
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