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The Practice Act of California
Chapter II


CHAPTER II

PROCEEDINGS SUPPLEMENTARY TO THE EXECUTION.

 

SECTION
 
 

238.    
 
239.    
 
240.    
 
241.    
 
242.    
 
243.    
 
244.    
 
245.    
 

 

§ 238.  When an execution against property of the judgment debtor, or of any one of several debtors in the same judgment, issued to the sheriff of the county where he resides; or if he do not reside in this State, to the sheriff of the county where the judgment roll is filed; is returned unsatisfied in whole or in part, the judgment creditor, at any time after such return is made, shall be entitled to an order from the Judge of the court, or a County Judge, requiring such judgment debtor to appear and answer concerning his property, before such Judge, or a referee appointed by him at a time and place specified in the order; but no judgment debtor shall be required to attend before a Judge or referee out of the county in which he resides, when proceedings are taken under the provisions of this chapter.


§ 239.  After the issuing of an execution against property, and upon proof by affidavit of a party, or otherwise, to the satisfaction of the Court, or of a Judge thereof, or County Judge, that any judgment debtor has property which he unjustly refuses to apply towards the satisfaction of the judgment, such Court or Judge may by an order require the judgment debtor to appear at a specified time and place before such Judge, or a referee appointed by him, to answer concerning the same; and such proceedings may thereupon be had for the application of the property of the judgment debtor toward the satisfaction of the judgment, as are provided upon the return of an execution. Instead of the order requiring the attendance of the judgment debtor, the Judge may, upon affidavit of the judgment creditor, his agent, or attorney, if it appear to him that there is danger of the debtor absconding, order the Sheriff to arrest the debtor and bring him before such judge. Upon being brought before the Judge he may be ordered to enter into an undertaking with sufficient surety they he will attend from time to time before the Judge, or referee, as shall be directed, during the pendency of proceedings, and until the final determination thereof, and will not in the mean time dispose of any portion of his property not exempt from execution. In default of entering into such undertaking he may be committed to prison.


§ 240.  After the issuing of an execution against property, any person indebted to the judgment debtor may pay to the sheriff the amount of his debt, or so much thereof as may be necessary to satisfy the execution; and the sheriff's receipt shall be a sufficient discharge for the amount so paid.


§ 241.  After the issuing or return of an execution against property of the judgment debtor, or of any one of several debtors in the same judgment, and upon proof of affidavit or otherwise, to the satisfaction of the Judge, that any person or corporation has property of such judgment debtor or is indebted to him in an amount exceeding fifty dollars, the Judge may, by an order, require such person or corporation, or any officer or member thereof, to appear at a specified time and place, before him or a referee appointed by him, and answer concerning the same.


§ 242.  Witnesses may be required to appear and testify before the judge, or referee, upon any proceeding under this chapter in the manner as upon the trial of an issue.


§ 243.  The judge or referee may order any property of the judgment debtor, not exempt from execution, in the hands of such debtor, or any other person, ort due to the judgment debtor, to be applied towards the satisfaction of the judgment; except that the earnings of the debtor for his personal services, at any time within thirty days next preceding the order, shall not be so applied, when it shall be made to appear by the debtor’s affidavit, or otherwise that such earnings are necessary for the use of a family supported wholly or partly by his labor.


§ 244.  If it appear that a person or corporation alleged to have property of the judgment debtor, or indebted to him, claims an interest in the property adverse to him, or denies the debt, the court or judge may authorize, by an order made to that effect, the judgment creditor to institute an action against such person or corporation, for the recovery of such interest or debt; and the court or judge may, by order, forbid a transfer or other disposition of such interest or debt, until an action can be commenced and prosecuted to judgment. Such order may be modified or vacated by the judge granting the same, or the court in which the action is brought, at any time upon such terms as may be just.


§ 245.  . If any person, party or witness, disobey an order of the referee properly made in the proceedings before him under this chapter, he may be punished by the court or judge ordering the reference, for a contempt.

 

 

 

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