Title
Title
Rules and Forms | Civil Practice and Procedure: Rule and Forms to Implement Assembly Bill 1119 (Action Required)
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Summary
Summary
Assembly Bill 1119 (Stats. 2023, ch. 562), enacted October 8, 2023, requires the Judicial Council to adopt and revise forms as necessary to implement a new procedure for debtor's examinations used to enforce judgments concerning consumer debts. To implement AB 1119, the Civil and Small Claims Advisory Committee recommends adopting one rule, adopting seven mandatory forms, and revising six forms.
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Recommendation
Recommendation
The Civil and Small Claims Advisory Committee recommends that the Judicial Council:
1. Effective October 1, 2024, revise Application and Order for Appearance and Examination (form AT-138/EJ-125) to correctly state the service deadline for orders for examination of third persons and to clarify that the form should be used to ask for an examination of the judgment debtor only if the judgment does not concern consumer debt; and
2. Effective January 1, 2025, to implement the procedures created in AB 1119 for debtor's examinations used to enforce judgments awarded on or after January 1, 2025, that concern consumer debt:
* Adopt California Rules of Court, rule 3.1905;
* Adopt the following mandatory forms:
o Information on Debtor's Examinations Regarding Consumer Debt (form EJ-140-INFO/SC-136-INFO);
o Application and Order to Appear for Examination--Consumer Debt (form EJ-141);
o Notice of Financial Statement--Consumer Debt (form EJ-143);
o Financial Statement--Consumer Debt (form EJ-144);
o Notice of Motion and Motion to Require
Examination--Consumer Debt (form EJ-146);
o Application and Order to Require Examination After Submission of Financial Statement--Consumer Debt (form EJ-147); and
o Application and Order to Produce Financial Statement or Appear for Examination--Consumer Debt (form SC-136);
* Revise the following forms:
o Judgment (form JUD-100);
o Notice of Entry of Judgment (form SC...
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