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


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Date: June 24, 2009
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State: California
Category: Court Forms - State
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URL

http://www.courtinfo.ca.gov/forms/documents/ej125.pdf

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Preview AT-138, EJ-125 APPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION (Attachment--Enforcement of Judgment)
COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): : Plaintiff(s)
TELEPHONE NO.: ATTORNEY FOR (Name): NAME OF COURT: STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: FAX NO.:

Index No. Calendar No.

AT-138, EJ-125
FOR COURT USE ONLY

: : : :

JUDICIAL SUBPOENA

-against-

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

APPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION

CASE NUMBER:

THE PEOPLE OF THE STATE OF NEW YORK ENFORCEMENT OF JUDGMENT ATTACHMENT (Third Person)
Judgment Debtor Third Person

TO

ORDER TO APPEAR FOR EXAMINATION

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. GREETINGS: answer concerning property of the judgment debtor in your possession or control or concerning a debt you owe the judgment debtor. answer concerning property of the defendant in your possession or control or aside, you a debt you of you attend before WE COMMAND YOU, that all business and excuses being laid concerning and each owe the defendant that is subject , the Honorable to attachment. at the Court Date:County of Time: located at Dept. or Div.: Rm.: shown the Addressroom is: in of court , on above day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the c.

3. This order may be served by a sheriff, marshal, registered process server, or the following specially appointed person (name):

Date:

Your failure to comply with this subpoena is punishable as a contemptJUDGE OR REFEREEwill make you liable to of court and the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a This order must be served not less than 10 days before the date set for the examination. result of your failure to comply.

IMPORTANT NOTICES ON REVERSE

4.

APPLICATION FOR ORDER TO APPEAR FOR EXAMINATION Justices of the Witness, Honorable , one of the Judgment Assignee ofday of record Plaintiff who has a right to attach order Court in creditor County, , 20

to appear and furnish information applies for an order requiring (name): to aid in enforcement of the money judgment or to answer concerning property or debt. 5. The person to be examined is (Attorney must sign above and type name below) the judgment debtor. a. 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. Office and P.O. Address I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

(TYPE OR PRINT NAME)

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

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

Code of Civil Procedure, 491.110, 708.110, 708.120

American LegalNet, Inc. www.USCourtForms.com

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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