The Vacaville California Application and Order for Appearance and Examination (AT-138) is a legal document used in the state of California. This application is typically filed by a judgment creditor who wishes to enforce a judgment against a debtor. The purpose of this form is to request that the court order the debtor to appear before a judge for examination regarding their financial assets and ability to pay the debt. Keywords: Vacaville California, Application and Order for Appearance and Examination, AT-138, judgment creditor, enforce a judgment, debtor, financial assets, ability to pay. There are different types of Vacaville California Application and Order for Appearance and Examination (AT-138), which can be categorized based on the specific circumstances or legal procedures. These are: 1. AT-138-M: This variant is used for cases where the judgment creditor seeks to examine a third party who has possession or control of the debtor's property or assets. The purpose is to investigate potential sources of repayment for the debt. 2. AT-138-O: This version of the application is filed when the judgment creditor wishes to examine the debtor's employer. The purpose is to garnish the debtor's wages or determine other potential income sources to satisfy the judgment. 3. AT-138-B: This particular variant is specific to bank examinations. It is used to request an order for the examination of financial institutions where the debtor holds accounts or assets in order to identify potential funds that can be applied towards the judgment. 4. AT-138-R: This version is for requesting an order for examination of a person or entity responsible for the debtor's rental income or rental property. The purpose is to determine if rent payments can be redirected to the judgment creditor to satisfy the debt. It's important to note that each type of AT-138 covers a different aspect of the enforcement process, allowing the judgment creditor to investigate various potential sources of repayment or assets that can be used to satisfy the judgment. The specific form to be used depends on the circumstances of the case and the type of examination being sought by the judgment creditor. Overall, the Vacaville California Application and Order for Appearance and Examination (AT-138) is a crucial tool for judgment creditors seeking to enforce a judgment and collect outstanding debts. It allows for a comprehensive investigation into the debtor's financial situation and assets, providing an opportunity to recover what is owed.
Vacaville California Application and Order for Appearance and Examination - same as AT-138
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A person or company that is ordered by a court of law to pay money to another person or company.
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.
Both you and the judge will be able to ask the debtor questions about the debtor's finances. This includes how much money or property the debtor owns, how the debtor earns it, and where it is kept. Sometimes, it is necessary to include other people in the Hearing, if they have pertinent information.
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.
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.
The main ways to legally avoid appearing at a debtor examination are to pay off the debt or reach a settlement with the creditor that provides a way for paying back the debt. You also may be able to avoid the examination by filing for bankruptcy, which will trigger an automatic stay of collection efforts.
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.