Q: Judgment Creditor omitted facts "allegation founded upon" from Affidavit for Order for Appearance and Exam of 3rd Person

A: In California, a judgment creditor has the right to seek information from a third party about a judgment debtor's assets through a debtor's examination. However, the judgment creditor must provide a basis for believing that the third party has relevant information.

According to California Code of Civil Procedure section 708.120(b), the affidavit supporting the application for an order for a third-party examination must state "the facts showing that the third person has possession or control of property in which the judgment debtor has an interest or is indebted to the judgment debtor in an amount exceeding two hundred fifty dollars ($250)."

If the judgment creditor has not provided any facts in the affidavit to support their allegation, you may have grounds to challenge the subpoena. You can consider the following options:

1. Contact the judgment creditor's attorney and request clarification about the basis for the subpoena. Ask them to provide the specific information they believe you possess about the judgment debtor's assets.

2. If the attorney does not provide a satisfactory response, you can file a motion to quash the subpoena with the court. In the motion, argue that the subpoena should be quashed because the judgment creditor failed to provide the necessary facts in the affidavit as required by CCP 708.120(b).

3. Alternatively, you can appear at the hearing and object to any questions that are not relevant or are outside the scope of the information required to be disclosed under the law.

It is advisable to consult with an attorney who can review the specific documents and facts of your case and provide guidance on the best course of action. If the judgment creditor is indeed engaging in a "fishing expedition" without any factual basis, the court may not look favorably upon such tactics.