What line of questioning is within the guideline of the examination?
A: A creditor in a judgment debtor
exam may ask the debtor any question reasonably calculated to lead to the discovery of the debtor's assets and/or their value. The only exception is that you can refuse to answer any questions related to your tax returns, and you can refuse to produce those returns -- both on grounds that the returns are privileged under California law. However, if you bring your tax returns or answer a question about the returns, bring them to an examination hearing, or otherwise disclose them to the creditor, rather than stating that you are exercising your right to privilege, then the privilege is waived.
I have told them the truth and they don't believe me simply because I have been fortunate to save money to supplement my rent and they cant see it in my bank statements.
A: I understand. The solution to this entire affair is for you to file for Chapter 7 bankruptcy. That will stop the creditor dead in his tracks, and it will give you the right to increase your exemption over the vehicle to $3,525 (actually up to $3,525 + $22,075, unless you own a home with a large amount of equity value).
The only exception to this would be if the judge is for fraud or for a willful and malicious injury. If you want to do-it-yourself, then see this publication
. If after reviewing the guide, you think that you may have issues that require an attorney's assistance, then see this link for a referral.
Note: Most people have a knee-jerk reaction against filing bankruptcy. I understand this reluctance. However, just so you know, the following people filed personal bankruptcy and lived to become more successful as a consequence: Walt Disney, Abraham Lincoln, Milton Hersey (chocolates), Samuel Clemens (Mark Twain), Phineas Barnum (Barnum & Bailey's Circus), H.J. Heinz (Ketchup), Henry Ford (yep -- Ford Motor Corp), XXXXX XXXXX (talk show host -- filed bankruptcy twice).
So, think about it, because you may be wasting a lot of sleepless nights over this nonsense.
Hope this helps.