Buffy Wicks
- Democratic
- Assemblymember
- District 14
Author
Existing law permits a judgment creditor to apply to the court for an order requiring the judgment debtor, or another person who is in possession and control of property of the judgment debtor, to appear before the court to provide information to aid in the enforcement of a money judgment, as specified. Existing law requires the judgment creditor to personally serve a copy of that order on the judgment debtor not less than 10 days before the date set for the examination. Existing law permits the court to issue a warrant for the arrest of, a warrant to compel the attendance of, and may hold in contempt, a judgment debtor who fails to appear in response to such an order. This bill would extend the notice of the examination required to be given to the judgment debtor to not less than 30 days before the examination. The bill would authorize a judgment debtor in a case involving consumer debt, as defined, to serve a financial affidavit signed under penalty of perjury, as specified, and file with the court a notice of financial affidavit and proof of service in lieu of appearing for the examination. If the judgment debtor files the notice and proof of service, the bill would require the court to cancel the financial examination unless the judgment creditor files, under oath, as specified, a notice of motion for an order determining the need for the debtor to appear for a debtor's examination. If the judgment creditor files such a notice of motion in a timely manner, the bill would require the court to decide, either on the pleadings or through a hearing, whether the judgment debtor must appear for a debtor's examination, as provided. By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program. This bill would also prohibit a court from issuing a warrant for the arrest of a judgment debtor in a case concerning consumer debt based on the judgment debtor's failure to appear or failure to file a judgment debtor's financial affidavit. In these circumstances, the bill would authorize the court to issue an order to show cause to determine whether a warrant to compel the judgment debtor's attendance should be issued, which the judgment debtor could satisfy by filing a judgment debtor's financial affidavit described above. The bill would require the Judicial Council to create and update its forms to reflect these changes. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Approved by the Governor.
Chaptered by Secretary of State - Chapter 562, Statutes of 2023.
Enrolled and presented to the Governor at 4 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 58. Noes 18. Page 3312.).
Assembly Rule 77 suspended. (Page 3228.)
In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 13 pursuant to Assembly Rule 77.
Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 9. Page 2587.).
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Read second time. Ordered to third reading.
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
In committee: Hearing postponed by committee.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 2.) (July 11). Re-referred to Com. on APPR.
In committee: Set, first hearing. Hearing canceled at the request of author.
Read third time. Passed. Ordered to the Senate. (Ayes 53. Noes 18. Page 2120.)
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time and amended. Ordered to third reading. (Ayes 57. Noes 18. Page 1934.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 12. Noes 4.) (April 26).
Read second time and amended.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 2.) (March 28).
In committee: Set, first hearing. Hearing canceled at the request of author.
From printer. May be heard in committee March 18.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB1119 | HTML |
| 02/15/23 - Introduced | |
| 03/29/23 - Amended Assembly | |
| 05/30/23 - Amended Assembly | |
| 09/06/23 - Amended Senate | |
| 09/14/23 - Enrolled | |
| 10/08/23 - Chaptered |
| Document | Format |
|---|---|
| 03/17/23- Assembly Judiciary | |
| 03/24/23- Assembly Judiciary | |
| 04/24/23- Assembly Appropriations | |
| 05/26/23- ASSEMBLY FLOOR ANALYSIS | |
| 05/31/23- ASSEMBLY FLOOR ANALYSIS | |
| 07/07/23- Senate Judiciary | |
| 09/07/23- Sen. Floor Analyses | |
| 09/12/23- ASSEMBLY FLOOR ANALYSIS |
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