California § 708.170. 708.170. (Amended by Stats. 2023, Ch. 562, Sec. 3.)

California Statutes

§ 708.170. — 708.170. (Amended by Stats. 2023, Ch. 562, Sec. 3.)

California·Code CCP Code of Civil Procedure - CCP·Div. 2.·Title 9.·Part 2. DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS·Ch. 6. CHAPTER 6. Miscellaneous Creditors’ Remedies·Art. 2. ARTICLE 2. Examination Proceedings

(a)If an order requiring a person to appear for an examination under subdivision (e) of Section 708.110 was served by a sheriff, marshal, a person specially appointed by the court in the order, or a registered process server, and the person fails to appear:

(1)The court may do either of the following:

(A)Pursuant to a warrant, have the person brought before the court to answer for the failure to appear and may punish the person for contempt.

(B)Issue a warrant for the arrest of the person who failed to appear as required by the court order, pursuant to Section 1993.

(2)If the person’s failure to appear is without good cause, the judgment creditor shall be awarded reasonable attorney’s fees incurred in the examination proceeding. Attorney’s fees awarded against the judgment debto

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(a)
If an order requiring a person to appear for an examination under subdivision (e) of Section 708.110 was served by a sheriff, marshal, a person specially appointed by the court in the order, or a registered process server, and the person fails to appear:
(1)
The court may do either of the following:
(A)
Pursuant to a warrant, have the person brought before the court to answer for the failure to appear and may punish
the person for contempt.
(B)
Issue a warrant for the arrest of the person who failed to appear as required by the court order, pursuant to Section 1993.
(2)
If the person’s failure to appear is without good cause, the judgment creditor shall be awarded reasonable attorney’s fees incurred in the examination proceeding. Attorney’s fees awarded against the judgment debtor shall be added to and become part of the principal amount of the judgment.
(b)
A person who willfully makes an improper service of an order for an examination which subsequently results in the arrest pursuant to subdivision (a) of the person who fails to appear is guilty of a misdemeanor.

California § 708.170. (708.170. (Amended by Stats. 2023, Ch. 562, Sec. 3.)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.