Miller v. Stone

Filing 7

ORDER TO APPEAR FOR EXAMINATION signed by Magistrate Judge Allison Claire on 12/3/15: Judgment Debtor Exam set for 1/20/2016 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Kaminski, H)

AT-138, EJ-125
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):

FOR COURT USE ONLY

Brett H. Ramsaur (SBN 281566) Anthony J. Carucci (SBN 301923)
Snell & Wilmer L.L.P.
600 Anton Blvd., Suite 1400
Costa Mesa, California 92626-7689
TELEPHONE NO.: 714.427.7000
FAX NO.: 714.427.7799
ATTORNEY FOR (Name): Assignee of Record, Baker Recovery Services
NAME OF COURT: U.S. District Court, Eastern District of California
STREET ADDRESS: 501 I Street
MAILING ADDRESS: 501 I Street
CITY AND ZIP CODE: Sacramento 95814
BRANCH NAME: Robert T. Matsui United States Courthouse
PLAINTIFF: Gil A. Miller, Chapter 11 Trustee for Waterford Funding, LLC et
al
DEFENDANT: John Stone
CASE NUMBER:

APPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION

MC15-00137-WBS-AC

ENFORCEMENT OF JUDGMENT
ATTACHMENT (Third Person)
Judgment Debtor
Third Person

ORDER TO APPEAR FOR EXAMINATION
1. TO (name): John Stone
2. YOU ARE ORDERED TO APPEAR personally before this court, or before a referee appointed by the court, to
furnish information to aid in enforcement of a money judgment against you.
a.
b.
answer concerning property of the judgment debtor in your possession or control or concerning a debt you owe the
judgment debtor.
c.
answer concerning property of the defendant in your possession or control or concerning a debt you owe the defendant
that is subject to attachment.
Date: January 20, 2016
Time: 10:00 a.m
Address of court
shown above
is:

Rm.: 26

Dept. or Div.:

3. This order may be served by a sheriff, marshal, registered process server, or the following specially appointed person (name):

Date: December 3, 2015
JUDGE OR REFEREE

This order must be served not less than 10 days before the date set for the examination.

IMPORTANT NOTICES ON REVERSE
APPLICATION FOR ORDER TO APPEAR FOR EXAMINATION
4.

Judgment creditor
Assignee of record
Plaintiff who has a right to attach order
applies for an order requiring (name): John Stone
to appear and furnish information
to aid in enforcement of the money judgment or to answer concerning property or debt.
5. The person to be examined is
the judgment debtor,
a.
b.
a third person (1) who has possession or control of property belonging to the judgment debtor or the defendant or (2) who
owes the judgment debtor or the defendant more than $250. An affidavit supporting this application under Code of Civil
Procedure section 491.110 or 708.120 is attached.
6. The person to be examined resides or has a place of business in this county or within 150 miles of the place of examination.
This court is not the court in which the money judgment is entered or (attachment only) the court that issued the writ of
7.
attachment. An affidavit supporting an application under Code of Civil Procedure section 491.150 or 708.160 is attached.
8.
The judgment debtor has been examined within the past 120 days. An affidavit showing good cause for another examination
is attached.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: December ___, 2015

Brett H. Ramsaur
(TYPE OR PRINT NAME)

(SIGNATURE OF DECLARANT)

(Continued on reverse)
Form Adopted for Mandatory Use
Judicial Council of California
AT-138, EJ-125 [Rev. July 1, 2000]

APPLICATION AND ORDER
FOR APPEARANCE AND EXAMINATION
(Attachment—Enforcement of Judgment)

Code of Civil Procedure,
§§491.110, 708.110, 708.120
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APPEARANCE OF JUDGMENT DEBTOR (ENFORCEMENT OF JUDGMENT)
NOTICE TO JUDGMENT DEBTOR If you fail to appear at the time and place specified in this order,
you may be subject to arrest and punishment for contempt of court, and the court may make an
order requiring you to pay the reasonable attorney fees incurred by the judgment creditor in this
proceeding.

APPEARANCE OF A THIRD PERSON
(ENFORCEMENT OF JUDGMENT)
(1) NOTICE TO PERSON SERVED If you fail to appear at the time and place specified in this order,
you may be subject to arrest and punishment for contempt of court, and the court may make an
order requiring you to pay the reasonable attorney fees incurred by the judgment creditor in this
proceeding.
(2) NOTICE TO JUDGMENT DEBTOR The person in whose favor the judgment was entered in this
action claims that the person to be examined pursuant to this order has possession or control of
property which is yours or owes you a debt. This property or debt is as follows (Describe the
property or debt using typewritten capital letters):

If you claim that all or any portion of this property or debt is exempt from enforcement of the money
judgment, you must file your exemption claim in writing with the court and have a copy personally
served on the judgment creditor not later than three days before the date set for the examination.
You must appear at the time and place set for the examination to establish your claim of exemption
or your exemption may be waived.

APPEARANCE OF A THIRD PERSON (ATTACHMENT)
NOTICE TO PERSON SERVED If you fail to appear at the time and place specified in this order,
you may be subject to arrest and punishment for contempt of court, and the court may make an
order requiring you to pay the reasonable attorney fees incurred by the plaintiff in this proceeding.

APPEARANCE OF A CORPORATION, PARTNERSHIP,
ASSOCIATION, TRUST, OR OTHER ORGANIZATION
It is your duty to designate one or more of the following to appear and be examined: officers,
directors, managing agents, or other persons who are familiar with your property and debts.

AT-138, EJ-125 [Rev. July 1, 2000]

APPLICATION AND ORDER
FOR APPEARANCE AND EXAMINATION
(Attachment—Enforcement of Judgment)

Page two
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