California Code of Civil Procedure

§ 708.120

CCP § 708.120 Effective Jan 1, 1996Div. 2 · Title 9 · Part 2 · Ch. 6 · Art. 2

Statute text

(a)Upon ex parte application by a judgment creditor who has a money judgment and proof by the judgment creditor by affidavit or otherwise to the satisfaction of the proper court that a third person has possession or control of property in which the judgment debtor has an interest or is indebted to the judgment debtor in an amount exceeding two hundred fifty dollars ($250), the court shall make an order directing the third person to appear before the court, or before a referee appointed by the court, at a time and place specified in the order, to answer concerning such property or debt. The affidavit in support of the judgment creditor’s application may be based on the affiant’s information and belief.

(b)Not less than 10 days prior to the date set for the examination, a copy of the order shall be:

(1)Served personally on the third person.

…

Legislative history

Amended by Stats. 1995, Ch. 576, Sec. 3.6. Effective January 1, 1996.