California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 9 — Enforcement of Judgments, Division 2 — Enforcement of Money Judgments, Chapter 6 — Miscellaneous Creditors’ Remedies, Article 2 — Examination Proceedings, Section 708.170

(a) If an order requiring a person to appear for an examination under subdivision (e) of Section 708.110 was served by a sheriff, marshal, a person specially appointed by the court in the order, or a registered process server, and the person fails to appear:

(1) The court may do either of the following:

(A) Pursuant to a warrant, have the person brought before the court to answer for the failure to appear and may punish the person for contempt.

(B) Issue a warrant for the arrest of the person who failed to appear as required by the court order, pursuant to Section 1993.

(2) If the person’s failure to appear is without good cause, the judgment creditor shall be awarded reasonable attorney’s fees incurred in the examination proceeding. Attorney’s fees awarded against the judgment debtor shall be added to and become part of the principal amount of the judgment.

(b) A person who willfully makes an improper service of an order for an examination which subsequently results in the arrest pursuant to subdivision (a) of the person who fails to appear is guilty of a misdemeanor.

Notes

Allows the court, after qualifying service, to bring in or arrest a person who fails to appear for examination and punish contempt. If the failure lacks good cause, the creditor must receive reasonable attorney fees, added to judgment principal when awarded against the debtor; willful improper service that later results in the person’s arrest is a misdemeanor.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 708.170 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-9/division-2/chapter-6/article-2/section-708-170

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