Order to Appear for Examination

Court Document
Required

One copy of the application and order of appearance and examination. Please use
the appropriate form for your state and county.

Purpose of Process

The debtor is required to appear in court to furnish information about the debtor’s
assets. Service of the order also creates a lien on the debtor’s personal property for
one year.

Process Server's
Instructions

This document must be personally served only and cannot be left with anyone but the named defendant. This may require a stakeout or other measures to "catch" the person in order to serve. 

Manner of Service

Personal service only.

Fee Deposit

$85.00 to start.

Fee

$85.00 to start if served, not found or canceled.

Information Guide

A creditor may obtain an Application and Order for Appearance and Examination from the court
clerk’s office to aid the creditor’s collection effort. The Application and Order for Appearance and
Examination commands the judgment debtor to appear in court to furnish information about the
debtor’s property and assets. It must be personally served on the debtor at least 10 days before
the examination hearing. Service of the process also creates a lien on the debtor’s personal
property for one year. The court may issue a bench warrant for the debtor’s arrest if the debtor fails
to appear in court. Only the Sheriff, registered process server, or a person appointed by the court
can serve the Application and Order for Appearance and Examination. The Process Server will
make up to three attempts to serve the debtor including a one-night time attempt after 6:00 p.m.
(unless the debtor cannot be found at the address in the evening.) If the debtor is served, the
Process Server will file a proof of service with the court and mail a notice of service to the debtor. If
service is unsuccessful, the Process Server will mail a certificate of not found/no service detailing
the reasons for non-service to the creditor. The creditor should call the Sheriff for a status check if
a mailed notification is not received at least five days before the hearing and not appear in court
unless advised that the order was served.

Checklist

  • $85.00 fee deposit to begin

  • Process Server Instructions.

  • One copy of Application and Order for Appearance and
    Examination.

  • Deliver, fax, or email to the Process Server at least three
    weeks before the hearing date.