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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I have been served with a Application and order

Customer Question

I have been served with a Application and order for appearance and exam for a debt collection on my ex wife. They are tring to get information from me. I have to miss a days work and drive to court which will cost gas and parking. If I do not go It say I will be charged with contempt
Submitted: 2 years ago.
Category: Legal
Expert:  CalAttorney2 replied 2 years ago.
This is a "third person" examination, it is permissible, but the creditor must pay certain expenses for you. When an Order for Examination is served on the third party, you [the judgment creditor] must pay that person [the person being subpoenaed] the cost of traveling from his or her home to the place of the examination – and back again. The fee should be the same as is provided for witnesses when they are legally required to attend civil proceedings in the court. To learn about witness fees, click here.(Witness fees are $35/day plus $.20/mile each way plus parking and tolls). If you really don't have any information to offer, try contacting the attorney taking the examination ahead of time (they may not want to waste their time (it costs a lot more for them to take a pointless examination), many creditors will want to do an exam simply to ensure they are not missing information - ex spouses and former business partners are often great sources of information - but if you don't have any information, they may not want to waste their time or yours.You may also be able to reschedule to a more mutually agreeable date - if you do reschedule, make sure to confirm it in writing - as you note, failure to appear can be treated as contempt of court, so don't miss the hearing unless you are excused by the creditor or their attorney, and make sure that you get this in writing.