Section § 708.010

Explanation

This section explains when you can use certain procedures to enforce a money judgment. Typically, you can use these procedures as long as the judgment is enforceable. However, if the judgment is delayed because of an appeal with a security deposit, or 'undertaking,' then all proceedings to enforce the judgment are paused. In other situations where enforcement is paused, the halt remains unless a court specifically decides otherwise.

(a)CA Civil Procedure Code § 708.010(a) Except as provided in this section and in subdivision (b) of Section 708.020, the procedure in this article may be used at any time a money judgment is enforceable.
(b)CA Civil Procedure Code § 708.010(b) If enforcement of the judgment is stayed on appeal by the giving of a sufficient undertaking under Chapter 2 (commencing with Section 916) of Title 13, all proceedings under this article are stayed. In any other case where the enforcement of the judgment is stayed, all proceedings under this article are stayed unless the court otherwise expressly orders.

Section § 708.020

Explanation

If you win a lawsuit and someone owes you money, you can send them written questions to find out about their finances to help collect the debt. However, you can’t send them another set of questions until four months after they’ve answered the first set or after they've been questioned in a different legal procedure. If you do send more questions before that time, they don’t have to answer. These questions can be enforced just like they would be in a regular lawsuit, and the usual limits on the number of questions you can ask at one time apply each time you send them, not all together over multiple times.

(a)CA Civil Procedure Code § 708.020(a) The judgment creditor may propound written interrogatories to the judgment debtor, in the manner provided in Chapter 13 (commencing with Section 2030.010) of Title 4 of Part 4, requesting information to aid in enforcement of the money judgment. The judgment debtor shall answer the interrogatories in the manner and within the time provided by Chapter 13 (commencing with Section 2030.010) of Title 4 of Part 4.
(b)CA Civil Procedure Code § 708.020(b) The judgment creditor may not serve interrogatories pursuant to this section within 120 days after the judgment debtor has responded to interrogatories previously served pursuant to this section or within 120 days after the judgment debtor has been examined pursuant to Article 2 (commencing with Section 708.110), and the judgment debtor is not required to respond to any interrogatories so served.
(c)CA Civil Procedure Code § 708.020(c) Interrogatories served pursuant to this section may be enforced, to the extent practicable, in the same manner as interrogatories in a civil action.
(d)CA Civil Procedure Code § 708.020(d) The limitation provided by Chapter 13 (commencing with Section 2030.010) of Title 4 of Part 4 on the number of interrogatories that may be propounded applies to each set of interrogatories propounded from time to time pursuant to this section, but does not apply cumulatively to interrogatories propounded by the judgment creditor to the judgment debtor.

Section § 708.030

Explanation

If you have won a court judgment against someone who owes you money, you can demand that they show you documents to help collect what they owe. You must follow certain rules to make this request. Once you make a request, they have to respond according to these rules. However, you can't make another document request for at least 120 days after they've responded. This rule ensures that debtors aren’t overwhelmed with constant requests. If you ever need to enforce these document requests in court, they're treated like document demands in any typical civil lawsuit.

(a)CA Civil Procedure Code § 708.030(a) The judgment creditor may demand that any judgment debtor produce and permit the party making the demand, or someone acting on that party’s behalf, to inspect and to copy a document that is in the possession, custody, or control of the party on whom the demand is made in the manner provided in Chapter 14 (commencing with Section 2031.010) of Title 4 of Part 4, if the demand requests information to aid in enforcement of the money judgment. The judgment debtor shall respond and comply with the demand in the manner and within the time provided by Chapter 14 (commencing with Section 2031.010) of Title 4 of Part 4.
(b)CA Civil Procedure Code § 708.030(b) The judgment creditor may not serve interrogatories or inspection demands pursuant to this section or Section 708.020 within 120 days after the judgment debtor has responded to the interrogatories or demands previously served pursuant to this section or Section 708.020, or within 120 days after the judgment debtor has been examined pursuant to Article 2 (commencing with Section 708.110), and the judgment debtor is not required to respond to any discovery so served.
(c)CA Civil Procedure Code § 708.030(c) Inspection demands served pursuant to this section may be enforced to the extent practicable, in the same manner as inspection demands in a civil action.