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CA AB1119

Bill

Status

Passed

10/8/2023

Primary Sponsor

Buffy Wicks

Click for details

Origin

State Assembly

2023-2024 Session

AI Summary

  • Extends the required notice period for judgment debtor examinations from 10 days to 30 days before the examination date.

  • Allows judgment debtors in consumer debt cases to file a financial affidavit signed under penalty of perjury instead of appearing in person; if filed timely, the court must cancel the examination unless the judgment creditor files a motion showing good cause.

  • Prohibits courts from issuing arrest warrants for judgment debtors in consumer debt cases who fail to appear or file a financial affidavit; instead, courts must issue an order to show cause that can be satisfied by filing a financial affidavit.

  • Defines "consumer debt" as obligations for personal, family, or household purposes, excluding tortious/fraudulent conduct, unpaid wages, damages, penalties, and rental debt.

  • Requires the Judicial Council to create and update forms for the notice of financial affidavit and financial affidavit, and establishes a $60 filing fee for motions determining whether a debtor must appear for examination.

Legislative Description

Enforcement of judgments.

Last Action

Chaptered by Secretary of State - Chapter 562, Statutes of 2023.

10/8/2023

Committee Referrals

Appropriations7/12/2023
Judiciary6/14/2023
Rules6/1/2023
Appropriations3/28/2023
Judiciary3/2/2023

Full Bill Text

No bill text available