Free AT-138, EJ-125 APPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION (Attachment--Enforcement of Judgment) - California

COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): : : Plaintiff(s) : : : :

AT-138, EJ-125

Index No. Calendar No.

FOR COURT USE ONLY

TELEPHONE NO.: ATTORNEY FOR (Name): NAME OF COURT: STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME:

FAX NO.:

JUDICIAL SUBPOENA

-against-

PLAINTIFF: Defendant(s) : ...................................................... DEFENDANT:

APPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION
ENFORCEMENT OF JUDGMENT ATTACHMENT (Third Person) THE PEOPLE OF THE STATE OF NEW YORK Judgment Debtor Third Person

CASE NUMBER:

1. TO (name): 2. YOU ARE ORDERED TO APPEAR personally before this court, or before a referee appointed by the court, to a. furnish information to aid in enforcement of a money judgment against you. b. answer concerning property of the judgment debtor in your possession or control or concerning a debt you owe the GREETINGS:debtor. judgment c. answer concerning property of the defendant in your possession or control or concerning a debt you owe the defendant WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before that is subject to attachment.

TO

ORDER TO APPEAR FOR EXAMINATION

Date: County of Address of court

the Honorable

in room

Time: located shown above is:

at the at , 20

Dept. or Div.:

Court

Rm.:

, noon, and at any recessed

, on the

day of

, at

o'clock in the

or adjourned served testify and give evidence as process server, or the following part of appointed person (name): 3. This order may bedate, to by a sheriff, marshal, registered a witness in this action on thespecially the
Date:

Your failure to comply with this subpoena is punishable as a contempt JUDGE OR REFEREE make you liable to of court and will the party on This order must be served not was issued for a maximum penalty of $50 examination. whose behalf this subpoena less than 10 days before the date set for the and all damages sustained as a result of your failure to comply. IMPORTANT NOTICES ON REVERSE
APPLICATION FOR ORDER TO APPEAR FOR EXAMINATION
Plaintiff who has a right to attach order , 20 to appear and furnish information to aid in enforcement of the money judgment or to answer concerning property or debt. 5. The person to be examined is the judgment debtor. a. (Attorney must sign above and type name below) b. a third person (1) who has possession or control of property belonging to the judgment debtor or the defendant or (2) who owes the judgment debtor or the defendant more than $250. An affidavit supporting this application under Code of Civil Procedure section 491.110 or 708.120 is attached. Attorney(s) for 6. The person to be examined resides or has a place of business in this county or within 150 miles of the place of examination. 7. This court is not the court in which the money judgment is entered or (attachment only) the court that issued the writ of attachment. An affidavit supporting an application under Code of Civil Procedure section 491.150 or 708.160 is attached. 8. The judgment debtor has been examined within the past 120 days. An affidavit showing good cause for another examination is attached. I declare under penalty of perjury under the laws of the State of California thatOffice and P.O. Address the foregoing is true and correct.

Witness, Honorable Judgment creditor 4. Assignee of record Court in County, day of applies for an order requiring (name):

, one of the Justices of the

Date:

(TYPE OR PRINT NAME)

Form Adopted for Mandatory Use Judicial Council of California AT-138, EJ-125 [Rev. July 1, 2000]

Telephone No.: (SIGNATURE OF DECLARANT) Facsimile No.: (Continued on reverse) E-Mail Address: APPLICATION AND ORDER Mobile Tel. FOR APPEARANCE AND EXAMINATIONNo.:
(Attachment--Enforcement of Judgment)

Code of Civil Procedure, §§ 491.110, 708.110, 708.120

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APPEARANCE OF JUDGMENT DEBTOR (ENFORCEMENT OF JUDGMENT)
NOTICE TO JUDGMENT DEBTOR If you fail to appear at the time and place specified in this order, you may be subject to arrest and punishment for contempt of court, and the court may make an order requiring you to pay the reasonable attorney fees incurred by the judgment creditor in this proceeding.

APPEARANCE OF A THIRD PERSON (ENFORCEMENT OF JUDGMENT)
(1) NOTICE TO PERSON SERVED If you fail to appear at the time and place specified in this order, you may be subject to arrest and punishment for contempt of court, and the court may make an order requiring you to pay the reasonable attorney fees incurred by the judgment creditor in this proceeding. (2) NOTICE TO JUDGMENT DEBTOR The person in whose favor the judgment was entered in this action claims that the person to be examined pursuant to this order has possession or control of property which is yours or owes you a debt. This property or debt is as follows (Describe the property or debt using typewritten capital letters):

If you claim that all or any portion of this property or debt is exempt from enforcement of the money judgment, you must file your exemption claim in writing with the court and have a copy personally served on the judgment creditor not later than three days before the date set for the examination. You must appear at the time and place set for the examination to establish your claim of exemption or your exemption may be waived.

APPEARANCE OF A THIRD PERSON (ATTACHMENT)
NOTICE TO PERSON SERVED If you fail to appear at the time and place specified in this order, you may be subject to arrest and punishment for contempt of court, and the court may make an order requiring you to pay the reasonable attorney fees incurred by the plaintiff in this proceeding.

APPEARANCE OF A CORPORATION, PARTNERSHIP, ASSOCIATION, TRUST, OR OTHER ORGANIZATION
It is your duty to designate one or more of the following to appear and be examined: officers, directors, managing agents, or other persons who are familiar with your property and debts.

AT-138, EJ-125 [Rev. July 1, 2000]

APPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION
(Attachment--Enforcement of Judgment)

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