You have a judgment from Los Angeles Superior Court, but you don't know where the debtor banks, where they work, or what they own. Without that information, a writ of execution has nothing to grab.
California gives judgment creditors a direct way to find out: the judgment debtor examination, usually called an ORAP (Order to Appear for Examination). The court orders the debtor to appear and answer questions about their income and assets under oath. This guide explains how a judgment debtor examination works in Los Angeles County, step by step.
A judgment debtor examination is a post-judgment proceeding under California Code of Civil Procedure sections 708.110 through 708.205. Once you have a money judgment, you can ask the court for an ORAP ordering the debtor to appear and answer questions about anything that bears on collecting the judgment: bank accounts, income, employers, businesses, real estate, vehicles, money owed to the debtor, and property held by others.
The debtor answers under oath, so false answers carry real consequences. The exam also gives the court a chance to order property turned over to pay the judgment when the debtor admits to having it.
You start by filing an Application and Order for Appearance and Examination (Judicial Council form EJ-125) with the court that entered the judgment. In Los Angeles County, that is the Superior Court courthouse where your case was filed, whether that is the Stanley Mosk Courthouse downtown or a courthouse in Long Beach, Torrance, Van Nuys, Pasadena, Santa Monica, Lancaster or elsewhere in the county.
The court sets a date, time and place for the exam and signs the order. Check the Los Angeles Superior Court's website for current filing options and fees before you file.
If your judgment came from another state, it must first be entered in California as a sister-state judgment before a Los Angeles court will issue an ORAP. For a judgment from the U.S. District Court for the Central District of California, debtor exams are handled in that court under its own procedures, which follow California law.
The signed ORAP must be personally served on the debtor at least 30 days before the exam date. Mailing it is not enough. Most creditors use a registered process server or the Los Angeles County Sheriff's Department, and you will need a proof of service to show the court. Because of the 30-day requirement, ask for an exam date that leaves enough time to find and serve the debtor.
If the debtor lives or does business more than 150 miles from the courthouse, the exam may need to be held in a court closer to the debtor.
One of the most valuable and least known features of an ORAP is the lien. When the ORAP is personally served, it creates a lien on the debtor's personal property for one year. That lien can matter if the debtor tries to sell, transfer or hide personal property after being served.
A debtor exam is much more useful when the debtor has to bring records. You can serve a civil subpoena for personal appearance and production of documents (form SUBP-002) along with the ORAP, requiring the debtor to bring things like bank statements, tax returns, pay stubs, vehicle titles and business records.
Bring your own copies of the judgment, the ORAP, the proof of service and any subpoena to the exam.
On the exam date, both sides check in with the court. The debtor is sworn in, and the questioning often takes place outside the courtroom, with the judge available if a dispute comes up. Some creditors bring a court reporter so there is a transcript.
Typical topics include:
If the debtor admits to having money or property that isn't exempt, you can ask the court to order it turned over to pay the judgment.
If the debtor was properly served and fails to appear, the court can issue a bench warrant to bring the debtor before the court. This is why proper personal service matters so much: without a valid proof of service, the court won't take that step.
When the debtor is a company, the ORAP can require it to send an officer or other person who knows about its finances.
You are not limited to the debtor. California also allows you to examine a third party who holds property belonging to the debtor, or who owes the debtor more than $250. That might be a co-owner of the debtor's business, a tenant paying the debtor rent, or a company that owes the debtor money. Like the debtor's own exam, a third-party exam is done by court order with personal service.
Generally, you can examine the same debtor once every 120 days. To do it sooner, you need to show the court good cause. Many creditors use the gap to follow up on what they learned the first time.
ORAP stands for Order to Appear for Examination. It is the court order requiring a judgment debtor to appear in court and answer questions about their income and assets under oath.
Judicial Council form EJ-125, the Application and Order for Appearance and Examination, filed with the court that entered the judgment.
The ORAP must be personally served at least 30 days before the exam date.
If the debtor was properly served and doesn't appear, the court can issue a bench warrant to bring the debtor before the court.
Creditors can handle debtor exams themselves, but many hire an attorney, especially when the debtor is a business or is likely to fight. Another option is to sell the judgment so you don't have to do any of it.
Small claims judgments have their own procedures and forms. This guide covers civil money judgments.
ORAPs, subpoenas, process servers, bench warrants and turnover motions all take time and money, and some debtors make every step a fight. If you would rather be paid now, you can sell your judgment instead. Read how selling a judgment in Los Angeles works, or submit your judgment for a no-obligation cash offer. Final Verdict Solutions buys civil money judgments over $25,000 in Los Angeles County and across the country.
This article is general information, not legal advice. For advice about your case, talk to a California attorney.
Final Verdict Solutions buys civil money judgments over $25,000. Get a no-obligation cash offer. If you accept, you get paid and collecting the judgment becomes our job, not yours.
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