Judgment Debtor Exam Turnover Orders

I am not a lawyer, I am a Judgment and Collection Broker. This article is my opinion, based on my California experiences, and laws are different in every state. If you want legal advice or a strategy to use, please contact a lawyer.

This article covers using a certain kind of turn over (turnover) order which may be used (in many states) at the conclusion of judgment debtor exams. A turnover order could possibly get the creditor repaid from cash, or the equivalent of of cash, that the judgment debtor owns and possesses while in the court.

Turn over orders for cash at judgment debtor exams, are easy and cheap. They are court requests, asking the court to order a debtor to hand over any non-exempt cash to you, to help satisfy a civil judgment.

At the end of this article, is an example template of this type of turn over order to get cash at a debtor examination. You should bring several copies of a nearly-completed turn over order to the court to use at the conclusion of the judgment debtor exam.

Not every state allow turnover orders. In California, simple cash turn over orders are supported by CCPs 482.080 and 708.205. When used immediately after a debtor examination, one does not have to re-serve the debtor, or pay for a new hearing.

Look up the laws for your state, and make a copy of any laws related to debtors turning over property to you or the levying officer after an exam. Be prepared to refer to your local laws, and to possibly quote them in court.

Experienced debtors know better than to bring large amounts of cash to judgment debtor examinations, however some do, so be prepared.

Anything other than cash, requires an open sheriff levy file and a current writ. Non-cash assets are always turned over to the sheriff first.

While turnovers of cash may not require a sheriff levy file open or a writ, why not prepare for any situation. You never can be sure about what you could discover. Non-cash turn over orders are beyond the scope of this article, please refer to my other articles.

At the end of a debtor exam, you may ask the debtor the amount of money they have in their wallet, pockets, briefcase, or purse. If the debtor complies, write the amount down. If they refuse, that is ok. At the end of the examination, quietly mention to the bailiff that you want to ask the judge to decide a simple matter.

If the judgment debtor showed you the cash in their wallet, write the total down on your turnover order. Then, politely ask the judge to sign your turnover order.

If the debtor refuses to tell you the amount of cash they have, say something like "Your honor, I have asked the judgment debtor to disclose the contents of their wallet. They have refused, and per the laws of our State (recite the numbers of the laws, not the laws themselves) the judgment debtor should be required to show to the court what is in their wallet, so I may ask the court to sign my turn over order."

What happens next can't be predicted. Often the debtor complies right away, sometimes they make up lies and stories, for example, their money belongs to someone else, etc.

It is usually best to demonstrate to the court you are reasonable, and compromise if appropriate. Most often, the judge orders the debtor's to hand their money to the bailiff, and then the bailiff gives it to you.

This is an example of a turn over order I have used for the debtor's on-hand cash, at the end of a judgment debtor exam:

Your Name (your capacity - Assignee Of Record or Judgment Creditor) Your Address Your City, State, Zip Your Phone Number and Email

Appearing In Pro Per

SUPERIOR COURT OF THE (YOUR STATE) OF YOUR STATE COUNTY OF (YOUR COUNTY), YOUR DIVISION (small claims, civil, etc.)

Pat Plaintiff Case # 987654321 TURNOVER ORDER; POINTS and AUTHORITIES versus Date: August 18, 2010 Dan Defendant Time: 9 AM Department 12 Judge: Commissioner Smith

At the date and time above, DAN DEFENDANT, the judgment debtor and defendant herein, was examined. At the conclusion of the examination, the judgment debtor was in possession of cash in the amount of (list the cash amount) that can be used to help satisfy the judgment debt as per CCPs 482.080 and 708.25.

Pursuant with the Declarations and Points And Authorities submitted by (plaintiff/assignee of record), and finding that a writ of execution has been issued, and there is a need for this order, for good cause, the court hereby ORDERS that the non-exempt property listed above, be turned over to the (plaintiff/assignee of record) which shall be applied toward the satisfaction of the judgment.

Dated: ____________ Signed _______________________________________ Judge Of the Superior Court

POINTS AND AUTHORITIES

Look up, and include the full text of CCP 482.080 and 708.205 here.