§ 708.170 (a) If an order requiring a person to appear for an examination under subdivision (e) of Section 708.
Part 2: Of Civil Actions | Title 9: Enforcement of Judgments | Division 2: Enforcement of Money Judgments | Chapter 6: Miscellaneous Creditors’ Remedies | Article 2: Examination Proceedings
Rule Text
(a) If an order requiring a person to appear for an examination under subdivision (e) of Section 708.110 was served by a sheriff, marshal, a person specially appointed by the court in the order, or a registered process server, and the person fails to appear:
(1) The court may do either of the following:
(2) If the person’s failure to appear is without good cause, the judgment creditor shall be awarded reasonable attorney’s fees incurred in the examination proceeding. Attorney’s fees awarded against the judgment debtor shall be added to and become part of the principal amount of the judgment.
(b) A person who willfully makes an improper service of an order for an examination which subsequently results in the arrest pursuant to subdivision (a) of the person who fails to appear is guilty of a misdemeanor.
Amendment history: Amended by Stats. 2023, Ch. 562, Sec. 3. (AB 1119) Effective January 1, 2024.