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APPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION
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Court Document required one copy of the Application and Order for Appearance of and Examination (form EJ-125)
Purpose of Process The debtor is required to appear in court to furnish information about the debtor’s assets. Service of the order also creates a lien on the debtor’s personal property for one year.
Sheriff's Instructions Provide the address where the debtor usually lives or works. The creditor’s attorney or the creditor (if the creditor doesn’t have an attorney) must sign and date the instructions.
Time for Service The order must be served at least ten days before the hearing
Manner of Service Personal service only
Fee Deposit $40.00
Fee $40 if served or canceled, and $35 if Not Found
Proof of Service The Sheriff mails a Proof of Service to court and a Notice of Service to the creditor if the process is served. A Not Found/No Service return is mailed to creditor explaining the reason for non-service.
Information Guide
Checklist
Sheriff's Instructions
 
 
 
 
 
 
 
 
 
 
 
 
 
Information Guide

A creditor may obtain an Application and Order for Appearance and Examination from the court clerk’s office to aid the creditor’s collection effort. The Application and Order for Appearance and Examination commands the judgment debtor to appear in court to furnish information about the debtor’s property and assets. It must be personally served on the debtor at least 10 days before the examination hearing. Service of the process also creates a lien on the debtor’s personal property for one year. The court may issue a bench warrant for the debtor’s arrest if the debtor fails to appear in court. Only the Sheriff, registered process server or a person appointed by the court can serve the Application and Order for Appearance and Examination. The Sheriff will make up to three attempts to serve the debtor including one night time attempt after 6:00 p.m. (unless the debtor cannot be found at the address in the evening.) If the debtor is served, the Sheriff will file a proof of service with the court and mail a notice of service to the debtor. If service is unsuccessful, the Sheriff will mail a certificate of not found/no service detailing the reasons for non-service to the creditor. The creditor should call the Sheriff for a status check if a mailed notification is not received at least five days before the hearing and not appear in court unless advised that the order was served.

 

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Checklist

  • $40.00 fee deposit.
  • Sheriff Instructions.
  • One copy of Application and Order for Appearance and Examination.
  • Deliver to the Sheriff at least three weeks before the hearing date

 

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