Citing CCP 482.080 And Turn Over Orders

I am not an attorney, I am a Judgment and Collection Broker. This article is my opinion, from my experience in California, and laws vary in every state. If you want legal advice or a strategy to use, please contact a lawyer.

This article covers using a certain type of turnover (turn over) order that may be used (in many states) at the conclusion of debtor exams. A turnover order could potentially get the creditor paid from cash, or a fungible equivalent to of cash, that the debtor possesses and owns while at court.

Turn over orders to get cash at debtor exams, are easy and cheap. They are requests to the court, asking them to order a judgment debtor to turn over any non-exempt cash to you, to help pay on a money judgment.

At the end of this article, is a template example of this type of turn over order for cash at a debtor examination. You should bring several copies of a mostly-completed turn over order to the court to use at the conclusion of the judgment debtor examination.

Not every state provide for turnover orders. In California, simple cash turn over orders are allowed by CCPs 482.080 and 708.205. If used immediately after a debtor exam, you do not have to serve the debtor, or pay for a new hearing.

Research the laws for your state, and make a copy of all laws relevant to judgment debtors turning over property to you or the levying officer after an examination. Be prepared to refer to the local laws, and to possibly recite them in court.

Experienced debtors know better than to bring large amounts of cash to judgment debtor exams, however some will, so be prepared.

Any assets besides cash, requires an open sheriff levy file and a current writ. Non-cash assets are always first turned over to the sheriff.

While turn overs of cash usually does not need a sheriff levy file open or a writ, why not prepare for any situation. You never know what you might discover. Non-cash turn over orders are beyond the scope of this article, please refer to my other articles.

At the conclusion of a debtor examination, you may ask the debtor how much money is in their wallet, pockets, purse, or briefcase. If the judgment debtor complies, write the amount down. If they refuse, that is no problem. At the conclusion of the exam, quietly mention to the bailiff that you want to ask the judge to decide a simple matter.

If the judgment debtor showed you the cash in their wallet, write that total down on your turnover order. Then, politely ask the judge to sign your turnover order.

If the judgment debtor refuses to disclose the amount of cash they have, say something like "Your honor, I have requested the judgment debtor to show me the contents of their wallet. They have refused, and per the laws of this State (recite the numbers of the laws, not the laws themselves) the debtor should be required to show to the court what is in their wallet, so I may ask the court to sign my turn over order."

What happens next cannot be predicted. Often the judgment debtor complies immediately, sometimes they make up stories and lies, for example, their money is someone else's property, etc.

It's often best to demonstrate to the court you are reasonable, and compromise when appropriate. Most often, the judge orders the judgment debtor's to hand their cash to the bailiff, and then the bailiff hands it over to you.

This is an example of a turnover order I have used for the debtor's on-hand cash, at the conclusion of a judgment debtor exam:

Your Name (your capacity - Assignee Of Record or Judgment Creditor) Your Address Your City, State, Zip Your Phone Number and Email

Appearing In Pro Per

SUPERIOR COURT OF THE (YOUR STATE) OF YOUR STATE COUNTY OF (YOUR COUNTY), YOUR DIVISION (small claims, civil, etc.)

Pat Plaintiff Case # 123456789 TURNOVER ORDER; POINTS and AUTHORITIES versus Date: July 20, 2010 Dan Defendant Time: 9 AM Department 18 Judge: Ronald Jones

At the date and time above, DAN DEFENDANT, the judgment debtor and defendant herein, was examined. At the conclusion of the examination, the judgment debtor was in possession of cash in the amount of (list cash amount) that can be used to help satisfy the judgment debt as per CCPs 482.080 and 708.25.

Pursuant with the Declarations and Points And Authorities submitted by (plaintiff/assignee of record), and finding that a writ of execution has been issued, and there is a need for this order, for good cause, the court hereby ORDERS that the non-exempt property listed above, be turned over to the (plaintiff/assignee of record) which shall be applied toward the satisfaction of the judgment.

Dated: ____________ Signed _______________________________________ Judge Of the Superior Court

POINTS AND AUTHORITIES

Copy, and include the full text of CCP 482.080 and 708.205 here.


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