If a judgment debtor objects to the subpoena for bringing documents to the debtor's exam, how do I compel them?

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I served the order to appear for a debtor's exam along with the subpoena to bring documents. If they object to the subpoena (which apparently they have the right to do), what is the next step in answering their objection? Do I file a motion to compel or some other motion with the judge? What if the judge does not answer the motion before the hearing date and they show up without the documents based on their objection - what should I do then? Do I have to schedule another debtor's exam or can they just mail the requested documents to me?

Attorney Answers

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Joshua P FriedmanDebt Collection AttorneyBeverly Hills, CA ·
Prepare to argue your motion to compel at the judgment debtor's exam. When the debtor does not produce the documents, you explain your argument to the judge and the judge will either rule right then and there as to the requirement to produce documents or set a date for the motion to compel be heard. Remember to request the court continue the judgment debtor exam to that date as well! Joshua P. Friedman received his juris doctorate from Loyola Law School of Los Angeles and his bachelor of arts from the University of Pennsylvania. He is a licensed attorney specializing in collections and judgment enforcement. He has been named a Super Lawyers Rising Star for the past 3 years by Los Angeles Magazine. Josh lectures regularly on issues relating to collections and judgment enforcement, including local bar associations and for National Business Institute (NBI) for continuing legal education credit. Josh currently also serves as a member of the Board of Directors for the California Creditors Bar Association and Vice President of the California Association of Judgment Professionals. Disclaimer of California Attorney Although the above response is believed to be accurate, it should not be relied upon as any type of legal advice because the information provided is incomplete. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a written contract. Joshua P. Friedman [email protected] www.losangelescollector.com
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Anthony Mongan ·
There is a timing issue, as there may not be time for a motion to compel before the judgment debtor exam. Most motions require certain minimum notice, and must be in writing. Making the motion at the hearing (orally) probably will not get it heard. Your question is also hypothetical; "if they object..." Assuming that they appear for the examination, but don't bring documents, you can ask the judge to allow the examination to go forward to the extent it can be completed without the documents, but also to schedule a motion to compel and continue the examination to the date of the hearing on the motion.
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