Girlfriend Of Judgment Debtor Exams

I am not an attorney, I am a judgment matchmaking expert (Judgment Broker). This article is based on my experience in California. Laws vary in each state, and nothing in any of my articles can ever be considered legal advice.

This article is my opinion about court examinations of the spouses, live-in partners, or intimate or business partners of judgment debtors. What should you put in a declaration to accompany your points and authorities for a 3rd party examination about judgment debtor assets?

I am not a lawyer, however I know anything can happen in court, no matter what perfect words are on your proposed order to examine a 3rd party about the debtor's judgment debt. More than once, a commissioner or judge has ruled a third-party cannot be examined - even if they own a house with the judgment debtor, and raised 3 children with them.

When a couple refers to themselves as husband and wife, have raised children to adulthood, and purchased a property together, the wife can keep her maiden name for her drivers license, and claim she is not responsible for her husband's debts.

How can you find out if a couple is married or not? Even if they said that they were married to each other, that does not mean that it is really true. If they bought a house together, and you check the vesting on the grant deed, it may show if they chose to divulge that they were married at that time.

Even if it shows they were married at the time, it doesn't mean they are still married today. If you know that they were confidentially married in a certain county, you can obtain a copy of their confidential marriage license for a fee, if you get a copy of your signed court order to get that information.

You can get the court order with an ex-parte motion, which requires a declaration, memo of points and authorities, and a proposed order, and service. If you found real property records in the recorder's office that shows them taking title to real estate as "husband and wife", then you might find a sympathetic judge who will sign your order, as you are asking the judge only to confirm what you already know and can show proof of.

Another method to get marriage information is to examine both the "husband and wife" separately at a debtor and third-party examination at the court. One of them may admit to having been confidentially married when examined.

In California, statues 708.120, and a few others, show the requirements for the declaration, memo of points and authorities, and a proposed order. You need to include the basic judgment information and a description of the debtor property you think the third-party examinee might be in possession of, and/or the reasons you believe the third-party examinee might owe the debtor $250 or more.

In California, 3rd party examination requests can be somewhat informal, you can describe the records they have in their possession, or that information they might have, is worth $250. You can also mention CCP 700.130, and document that the third-party has first hand knowledge of the judgment debtor's finances, and may be examined as a witness.

My papers have never been rejected, even when I cannot specifically point to $250 worth of property. Of course, anything can happen, so throw in the CCP 700.130 witness stuff too, because it allows for examination of anyone and everyone who might have first hand knowledge of the judgment debtor's finances.

A third-party ORAP declaration is not hard. If they are a wife or husband of the debtor, make sure to mention shared community property. If you know about any specific property, be sure to list it specifically. You will get an ORAP lien on the assets you list in the declaration, only if you mention it with sufficient specificity.

For an example of the wordings of a 3rd party examination order, please see my article at: http://www.judgmentbuy.com/ThirdPartyExaminations.html


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Mark Shapiro - Judgment Broker - Free leads for Judgment Enforcers and contingency collection attorneys.

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