How Creditors Can Collect


To receive 1 hour of MCLE Credit, answer the test questions below, then hit Submit. Correct answers and a CLE certificate will be sent to you via email.

Test for How Creditors Can Collect
1. A plaintiff can obtain a pre-judgment writ of attachment in a business libel case. *
2. A pre-judgment writ of attachment cannot be obtained to collect a debt primarily for personal, family, or household purposes. *
3. A judgment can only be enforced for a period of 10 years after its date of entry. *
4. If a judgment creditor records an “Abstract of Judgment” with the county recorder, that creates a judgment lien on any real property owned by the debtor in that county. *
5. If a debtor earns more than the minimum wage, 35% of a debtor’s take-home pay wage can be taken through a wage garnishment. *
6. Once a wage garnishment order is in place, the court has no authority to reduce the amount of the garnishment. *
7. A judgment creditor can obtain an order requiring a judgment debtor to appear in court and testify about the debtor’s income and assets. *
8. Orders for Judgment Debtor Exams can be served by certified mail, substituted service, or publication. *
9. If your client is served with an order to appear for a judgment debtor examination, it is safe to advise the client to ignore the order. *
10. A judgment creditor can only require the judgment debtor to appear for an examination once every 60 days. *
11. A judgment creditor can obtain an order requiring the debtor’s spouse or parents to appear for an examination. *
12. A judgment debtor can file a bankruptcy and not have to worry about answering questions by creditors. *
13. In every state except for California, the exemptions are the same in bankruptcy and in enforcement of judgments. *
14. If a judgment debtor has an automobile worth $3,000, and he is only able to exempt $2,300 of its value, a judgment creditor is likely to seize the automobile. *
15. In California, the exemptions based on CCP 704 are available both to judgment debtors and in bankruptcy cases. *
16. In California, the exemptions based on CCP 703 are available both to judgment debtors and in bankruptcy cases. *
17. Household goods and furnishings are exempt both under CCP 704 and CCP 703. *
18. The family dog is exempt from a judgment creditor. *
19. The family dog (if worth less than $450) is exempt in a bankruptcy filing. *
20. A bankruptcy debtor can choose the exemptions either under CCP 703 or 704, but not both *

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