Q: How to conduct Judgment Debtor Examination from out of state?
Good afternoon,
I want to file an order for Appearance and Examination against a Judgment Debtor. However, the Debtor resides in California, while we (Judgment Creditor) reside in Idaho. We have already obtained a sister-state judgment so we're all good there. But do we need to fly down to CA in order to ask questions in the examination or is there a possibility for a remote situation, in which the Judgment Debtor attends in person and we attend via video?
A:
Good afternoon,
Did you sue the debtor in California? or Idaho? Wherever you got your judgment is where you will file your "post judgment" motions. However, that's where the difficulty lies in trying to haul someone from CA to Idaho after the judgment. The subpoena power of the State of Idaho, ends at the border. It is not possible to hail someone from another state into Idaho involuntarily, in a civil case. However, why don't you register your Judgment in California and proceed on it from California? That would make it impossible for the judgment debtor to avoid service and if he failed to show up, you may be able to get a "warrant of attachment" or arrest warrant. That would seem to be the least onerous and possibly the least expensive way to do what you need to do!
Good Luck to you!
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