Joint Debtors in California

Part 2, Title 14, Chapter 1 of the Code of Civil Procedure deals with proceedings against joint debtors in civil actions in California.

Section 989 provides that, when a judgment is recovered against one or more of several persons, jointly indebted upon an obligation, those who were not originally served with the summons, and did not appear in the action, may be summoned to appear before the court in which judgment is entered to show cause why they should not be bound by the judgment, in the same manner as though they had been originally served with the summons.

Section 990 requires the summons to be issued by the clerk upon presentation of the affidavit. The summons must describe the judgment, and require the person summoned to show cause why the person should not be bound by it.

Section 991 requires the summons to be accompanied by an affidavit of the plaintiff, agent, representative, or attorney, that the judgment, or some part thereof, remains unsatisfied, and must specify the amount due.

Section 992 allows the defendant to answer within the time specified, denying the judgment, or setting up any defense which may have arisen subsequently.

Section 993 provides that, if the the defendant in his answer denies the judgment, or sets up any defense which may have arisen subsequently, the summons, with the affidavit annexed, and the answer, constitute the written allegations in the case.

Section 994 specifies that the issues formed may be tried as in other cases; but when the defendant denies in his answer any liability on the obligation upon which the judgment was rendered, it must be for not exceeding the amount remaining unsatisfied on such original judgment, with interest thereon.