How do I prepare for and respond to a creditor's request for a debtor's examination in California?

To respond to a debtor's examination, you must attend the court hearing and truthfully answer questions about your finances while being prepared to claim any legally protected assets. Your goal is to comply with the court order while protecting your exempt property from seizure. Step 1: Review the Court Order Carefully read the "Order to Appear for Examination" (Form EJ-125). Confirm the date, time, and location of the hearing. Note any specific documents the creditor has requested you to bring, such as bank statements or pay stubs. Step 2: Gather Your Financial Documents Collect papers that show your income, assets, and debts. This includes your last two months of pay stubs, bank statements for all accounts, recent tax returns, and titles for any vehicles or real estate you own. Organize these documents to take with you. Step 3: Identify Your Exempt Property California law protects certain assets from being taken by creditors under CCP Sections 703-704. Review the list of exemptions to see what you can protect. Common exemptions include a portion of your wages, equity in your primary home (homestead), a vehicle up to a certain value, and necessary household items. Step 4: Attend the Hearing You must go to court on the scheduled date. If you fail to appear, the court can issue a bench warrant for your arrest. Arrive on time and be prepared to be placed under oath to testify about your financial situation. Step 5: Answer Questions and Claim Exemptions Answer the creditor's attorney's questions truthfully and simply. Do not volunteer extra information. When the attorney asks about an asset you believe is protected, state clearly, "I claim that property as exempt." The judge will make the final decision based on the law. Important details: At the hearing, the judge can issue a "turnover order" requiring you to hand over specific non-exempt assets to the levying officer (Sheriff). You can also try to negotiate a payment plan with the creditor before or at the hearing to resolve the debt. Warnings: Lying under oath is perjury, a serious crime. Do not bring any valuable items, such as expensive jewelry or large amounts of cash, to the hearing, as a judge could order you to turn them over immediately. This is general information and does not constitute legal advice. For complex situations, especially if you have significant assets or are unsure about exemptions, consult with a qualified California attorney.