widest scope inquiry in California

1987In a Code of Civil Procedure section 708.110 (formerly § 714) hearing, the examination is intended to be summary and factual according the widest scope for inquiry concerning property and business affairs of the debtor; the object of the proceedings being to compel the judgment debtor to give information concerning his property. (8 Witkin, Cal. Procedure (3d ed. 1985) Enforcement of Judgment, § 274, p. 238, citing Coleman v. Galvin (1947) 78 Cal.App.2d 313 [ 177 Cal.Rptr. 606 ].) Public policy does not support a judgment debtor’s attempt to be less than candid about his assets and ability to p

1963(Coleman v. Galvin, 78 Cal.App.2d 313, 318 [ 177 P.2d 606 ]; McCullough v. Clark, 41 Cal. 298, 302 .) The purpose of such supplementary proceedings is to discover and reach assets of a judgment debtor so as to apply them to the satisfaction of the judgment.

2025Judgments are assigned, sold, and transferred among judgment creditors, collection agencies, and “creditors’ 2 For example, the Enforcement of Judgments Law authorizes the judgment creditor in a judgment debtor examination to conduct “the widest scope for inquiry concerning property and business affairs of the [judgment] debtor.” (Young v. Keele (1987) 188 Cal.App.3d 1090, 1093 ; accord, Lee v. Swansboro Country Property Owners Assn. (2007) 151 Cal.App.4th 575, 581 .) In addition, certain evidentiary privileges, such as the spousal privilege not to testify, do not apply post-judgment.

2016“Judgment debtor examinations serve an important function in our judicial system.” (Jogani v. Jogani (2006) 141 Cal.App.4th 158, 172 [ 45 Cal.Rptr.3d 792 ].) The examination is to uncover all assets the judgment debtor has that could respond to the judgment—lo “ ‘leave no stone unturned in the search for assets . . . .’ ” (Ibid.) As our colleagues in Division One described it long ago, a description still accurate today, “The object of the proceeding is to compel the judgment debtor to give information concerning his property; and such judgment-debtor examination is intended to be summary and

2016“Judgment debtor examinations serve an important function in our judicial system.” (Jogani v. Jogani (2006) 141 Cal.App.4th 158, 172 [ 45 Cal.Rptr.3d 792 ].) The examination is to uncover all assets the judgment debtor has that could respond to the judgment—lo “ ‘leave no stone unturned in the search for assets . . . .’ ” (Ibid.) As our colleagues in Division One described it long ago, a description still accurate today, “The object of the proceeding is to compel the judgment debtor to give information concerning his property; and such judgment-debtor examination is intended to be summary and

2016“Judgment debtor examinations serve an important function in our judicial system.” (Jogani v. Jogani (2006) 141 Cal.App.4th 158, 172 [ 45 Cal.Rptr.3d 792 ].) The examination is to uncover all assets the judgment debtor has that could respond to the judgment—lo “ ‘leave no stone unturned in the search for assets . . . .’ ” (Ibid.) As our colleagues in Division One described it long ago, a description still accurate today, “The object of the proceeding is to compel the judgment debtor to give information concerning his property; and such judgment-debtor examination is intended to be summary and

2016“Judgment debtor examinations serve an important function in our judicial system.” (Jogani v. Jogani (2006) 141 Cal.App.4th 158, 172 [ 45 Cal.Rptr.3d 792 ].) The examination is to uncover all assets the judgment debtor has that could respond to the judgment—lo “ ‘leave no stone unturned in the search for assets . . . .’ ” (Ibid.) As our colleagues in Division One described it long ago, a description still accurate today, “The object of the proceeding is to compel the judgment debtor to give information concerning his property; and such judgment-debtor examination is intended to be summary and

2016“Judgment debtor examinations serve an important function in our judicial system.” (Jogani v. Jogani (2006) 141 Cal.App.4th 158, 172 [ 45 Cal.Rptr.3d 792 ].) The examination is to uncover all assets the judgment debtor has that could respond to the judgment—lo “ ‘leave no stone unturned in the search for assets . . . .’ ” (Ibid.) As our colleagues in Division One described it long ago, a description still accurate today, “The object of the proceeding is to compel the judgment debtor to give information concerning his property; and such judgment-debtor examination is intended to be summary and

2016“Judgment debtor examinations serve an important function in our judicial system.” (Jogani v. Jogani (2006) 141 Cal.App.4th 158, 172 [ 45 Cal.Rptr.3d 792 ].) The examination is to uncover all assets the judgment debtor has that could respond to the judgment—lo “ ‘leave no stone unturned in the search for assets . . . .’ ” (Ibid.) As our colleagues in Division One described it long ago, a description still accurate today, “The object of the proceeding is to compel the judgment debtor to give information concerning his property; and such judgment-debtor examination is intended to be summary and