Corporate Judgement Debtor Examinations

Orders to appear for examinations may not identify a specific individual to attend.

Code of Civil Procedure § 708.150 - Courts are authorized to issue an arrest warrant for an individual for their failure to appear for a judgement debtor's examination; however, this may not be the case for an organization. For organizations, an order to appear for examination may not identify a specific individual to attend. Therefore, it is up to the organization to designate a person to attend. If an organization does not designate anyone to appear, and an individual does not no show, no one can be subjected to an arrest warrant.

It is important to note that under section 708.150, there is clarifying language identifying a default officer or representative if an examination order does not specify an individual to appear. The default officer or representative varies based on the type of organization, as noted below.

• Corporation - The default individual is the CFO, or if none, the CEO or secretary

• LLC - The first person listed in state filings as a manager or member

• Limited partnership - The first listed general partner

The service of order to appear on the organization is deemed constitute effective service upon the default individual.

This article provides only general information, and not legal advice. If you have any questions or if we can help evaluate on how Code of Civil Procedure Section 708,150 applies to you, please reach out to us at info@mcc-lawyers.com.