How to Fill Out California Form SC-104 (w/Examples) + FAQs

You fill out California Form SC-104 by entering the case caption, identifying the judgment debtor, selecting the correct examination type, listing the time and place of the hearing, and signing under penalty of perjury before personal service on the debtor at least 10 calendar days before the exam. The form is the Order to Produce Statement of Assets and to Appear for Examination, and it is the small claims court’s main post-judgment discovery weapon issued by the clerk under Code of Civil Procedure section 116.830.

Roughly 75% of California small claims judgments go unpaid voluntarily, according to public data summarized by the California Courts Self-Help Center, which is why the SC-104 Judicial Council form exists. Filing it forces the debtor to show up in court, hand over a completed SC-133 Judgment Debtor’s Statement of Assets, and answer questions under oath about wages, bank accounts, vehicles, and real property.

Here is what this guide covers:

📝 Every line of Form SC-104 explained in plain English with named-person examples
⚖️ The federal and California legal framework, including CCP §708.110 and the 120-day rule
🚨 Sanctions, bench warrants, and contempt consequences for no-shows
🧾 Three real-world scenarios, seven common mistakes, and Dos/Don’ts
❓ Ten plus FAQs with bold Yes/No answers for fast scanning

What California Form SC-104 Actually Is

California Form SC-104 is the Order to Produce Statement of Assets and to Appear for Examination, a Judicial Council form the small claims clerk issues after a judgment creditor files Form SC-134 or a written application. The order commands the judgment debtor to appear in court and bring a completed Judgment Debtor’s Statement of Assets (SC-133) so the creditor can ask questions about money and property. The clerk signs and seals the order, and you, the creditor, must arrange personal service on the debtor.

The form sits at the heart of California’s post-judgment discovery process for small claims cases, and it differs from the unlimited civil version called Form AT-138/EJ-125 Application and Order for Appearance and Examination. The SC-104 stays inside the small claims division, which means lawyers cannot represent parties at the exam itself under CCP §116.530. The judge or commissioner runs a brief, informal hearing where you ask questions directly.

The plain-English purpose is simple. You won a judgment, the debtor will not pay, and you need to know where their money is so you can levy a bank account, garnish wages, or place a lien. The consequence of skipping this step is guesswork. You may waste filing fees on a Writ of Execution (EJ-130) aimed at an empty bank account, while the 10-year judgment clock under CCP §683.020 keeps ticking.

A common misconception is that the SC-104 by itself collects money. It does not. The form only forces information disclosure, and you still need separate enforcement tools like a writ, an Earnings Withholding Order (WG-002), or an Abstract of Judgment (EJ-001) to actually seize assets.

Federal Framework First

Federal law sets the outer limits on what you can collect even after a successful SC-104 exam. The federal Consumer Credit Protection Act at 15 U.S.C. §1673 caps wage garnishment at the lesser of 25% of disposable earnings or the amount above 30 times the federal minimum wage. The Fair Debt Collection Practices Act (15 U.S.C. §1692) also restricts harassing collection conduct, though it mostly targets third-party debt collectors, not original creditors.

Federal exemptions under 11 U.S.C. §522 and 42 U.S.C. §407 protect Social Security benefits, SSI, VA benefits, and certain retirement accounts from any state court levy. Knowing this before the exam saves time. The consequence of ignoring federal exemptions is a wrongful levy claim and possible damages against you under CCP §699.720.

A real-world example: Maria, a Sacramento landlord, won a $4,500 judgment against a former tenant whose only income is Social Security. Maria runs the SC-104 exam, learns the income source, and skips a useless levy that would have been reversed under 42 U.S.C. §407.

The misconception that “a judgment lets me take anything” is wrong. Federal law and the California exemption list in CCP §704 shield wide categories of property.

California Statutory Anchor

California’s authority for the SC-104 lives in CCP §116.830, which lets the small claims court order any judgment debtor to appear and answer about assets. The companion statute, CCP §708.110, governs judgment debtor exams in civil cases generally and supplies the procedural backbone, including the 120-day limit between exams of the same debtor. CCP §708.170 authorizes a bench warrant and a $1,000 sanction for failure to appear.

The plain-English explanation is that California treats post-judgment discovery as a court-ordered conversation under oath, not a casual request. The consequence of violating the order, as the debtor, is contempt under CCP §1209 plus the $1,000 sanction. A real example comes from Imperial Bank v. Pim Electric (1995) 33 Cal.App.4th 540, which confirms the broad scope of asset questioning at these exams.

A frequent misconception is that the SC-104 expires if not served immediately. It does not expire on its own, but if the exam date passes without service, you must request a new date, which costs time and another trip to the clerk’s window.

When and Why You Use Form SC-104

You use Form SC-104 when you hold an unpaid small claims judgment and the debtor has not voluntarily filed a Judgment Debtor’s Statement of Assets (SC-133) within 30 days of the judgment becoming final. Under CCP §116.830(b), a debtor who does not pay or appeal must voluntarily provide the SC-133 within 30 days. When that deadline passes, the SC-104 becomes the next logical step.

Timing matters because of the 120-day rule. CCP §708.110(b) bars you from compelling the same debtor to a second exam within 120 days unless the court grants leave for good cause. The consequence of filing too soon is dismissal of your second SC-104 and lost filing fees. A real example: David, a San Diego contractor, ran an exam in January 2026 and tried again in March 2026; the clerk rejected the request because only 60 days had passed.

The why is strategic. You want fresh information about bank balances, employer name, and vehicle VINs before you spend money on a writ or levy. The misconception that you should always wait a year is wrong; waiting too long lets the debtor move accounts and dissipate assets, and the 10-year judgment lifespan under CCP §683.020 keeps shrinking.

Where to File and Local Nuances

You file the SC-104 in the same small claims division that issued your judgment, even if the debtor has since moved. The Los Angeles Superior Court small claims page requires online scheduling for some courthouses, while the San Diego Superior Court small claims division lets you walk in to the clerk. The Alameda Superior Court self-help portal accepts mailed requests with a self-addressed stamped envelope. The plain-English point is that filing logistics differ by county, and the consequence of using the wrong courthouse is a rejected packet and weeks of delay.

A real example: Priya, an Oakland eBay seller, mailed her SC-104 packet to the Alameda Hayward Hall of Justice and got a hearing date in three weeks. Filing in person at the Oakland courthouse would have taken five minutes. The misconception that “I file where the debtor lives now” is wrong; you file where the judgment was entered.

Cost, Fees, and Fee Waivers

The clerk’s filing fee for issuing an SC-104 ranges from $0 to $60 depending on county and case value, per the Statewide Civil Fee Schedule. You can recover this fee by filing a Memorandum of Costs After Judgment (MC-012) within two years. Personal service by a registered process server typically costs $75 to $150, and sheriff service runs $40 to $60 in most counties under the California sheriff civil fee schedule.

Low-income filers may apply for a waiver using Form FW-001 Request to Waive Court Fees. The consequence of skipping the fee waiver when eligible is unnecessary out-of-pocket cost. A real example: Carlos, a part-time grocery clerk in Fresno, qualified for a fee waiver and ran his SC-104 exam for free. The misconception that fee waivers are only for original filings is wrong; post-judgment fees qualify too.

Line-by-Line Walkthrough of Form SC-104

The current SC-104 has a one-page front and a proof of service back, and every line carries consequences for service and enforceability. Below, each item is paired with a plain-English explanation, the consequence of getting it wrong, a mini scenario, and a common misconception.

Caption Box: Court, Branch, and Case Number

The caption box at the top requires the exact court name, street address, mailing address, branch, and case number from your judgment. Pull these directly off your Notice of Entry of Judgment (SC-130 or SC-200). The plain-English rule is that any mismatch between caption and underlying judgment lets the debtor object and the judge can quash the order.

The consequence of a wrong case number is a void order; service does not toll anything, and you start over. A real example: Jennifer, a Long Beach freelancer, transposed two digits and the judge dismissed the exam at the hearing. The misconception that “close enough” works on small claims paperwork is wrong, because clerks rely on barcode scans tied to the precise case number.

Plaintiff and Defendant Names

Enter your name as it appears on the judgment in the Plaintiff/Judgment Creditor slot and the debtor’s full legal name in the Defendant/Judgment Debtor slot. Use the exact spelling from the SC-130 Notice of Entry of Judgment, including middle initials. The consequence of using a nickname or DBA-only name is a service challenge under CCP §415.10.

A real example: Sam, a Riverside repair shop owner, listed the debtor as “Mike Johnson” instead of “Michael R. Johnson” and the process server could not match ID at service. The misconception that small claims is informal enough to skip exact names is wrong; identity matching is strict.

Item 1: Identifying the Judgment Debtor to Be Examined

Item 1 asks you to name the person or entity ordered to appear. For an individual debtor, you list the human’s full legal name. For a business debtor, you list the entity name and designate a managing agent or officer to appear, because under CCP §708.150 corporations and LLCs must produce a knowledgeable representative.

The plain-English consequence of failing to designate an officer for an LLC is that no one shows up and the judge cannot sanction “the company.” Mini-scenario: Aisha, a Burbank wedding photographer, sued Sunset Events LLC and named the LLC alone in Item 1. At the hearing, no representative appeared; the judge issued no bench warrant because no human was ordered. Aisha refiled naming the managing member, lost six weeks. The misconception that “the LLC name is enough” cost her time.

Item 2: Date, Time, and Place of Examination

Item 2 lists the courtroom, hearing date, and time the clerk assigns. You do not pick this date yourself in most counties; the clerk stamps it during filing per the California Rules of Court Rule 3.1346. The plain-English rule is that this triggers the 10-day pre-service deadline under CCP §708.110(d).

The consequence of late service is automatic continuance and embarrassment in front of the judge. A real example: Robert, a Pasadena handyman, served his debtor 8 days before the exam; the judge continued the matter 30 days. The misconception that 10 court days applies is wrong; it is 10 calendar days minimum.

Item 3: Application Type — Judgment Debtor or Third Party

Item 3 lets you check whether you are examining the judgment debtor or a third party who owes money to the debtor under CCP §708.120. Third-party exams require a separate SC-134 Application and Order showing the third party owes the debtor at least $250.

The plain-English consequence of mis-checking this box is dismissal at the hearing for lack of statutory standing. Mini-scenario: Daniela, a San Jose tutor, checked “third party” against her debtor’s employer without the $250 affidavit. The court denied the order. The misconception that you can fish for employer info via SC-104 is wrong; for that, you use direct subpoenas after the SC-133 reveals the employer name.

Item 4: Production of Documents

Item 4 demands that the debtor bring tax returns, pay stubs, bank statements, vehicle titles, and other documents tied to assets. The form references CCP §708.130 which authorizes document production at the exam. The plain-English rule is to be specific; a vague “all financial records” demand can be quashed.

The consequence of overbroad requests is a protective order and judicial irritation. Real example: Lin, a Fremont online seller, demanded “all records since birth” and the commissioner narrowed it to the past 12 months. The misconception that you can demand 10 years of records is wrong; reasonableness rules under Evidence Code §765.

Item 5: Sanctions Warning Language

Item 5 is the boilerplate warning that failure to appear may result in a bench warrant, $1,000 sanction, and contempt under CCP §708.170. You do not edit this language; it is preprinted. The plain-English purpose is to put the debtor on clear notice so contempt findings hold up on appeal.

The consequence of altering this language is voiding the warning and the bench warrant. A misconception is that you can add “or jail” to the warning; you cannot, because contempt remedies are statutory only. Real example: Tom, a Sacramento mechanic, struck through the warning in pen; the judge refused to issue the warrant when the debtor failed to appear.

Signature, Date, and Clerk’s Seal

You sign and date the bottom of page 1 under penalty of perjury. The clerk then issues and seals the order; the clerk’s signature, not yours, is what makes the document an order. The plain-English consequence of an unsigned form is rejection at the filing window.

Real example: Olivia, a Modesto bookkeeper, dropped off an unsigned SC-104 by mail; the clerk returned it three weeks later, blowing her enforcement window. The misconception that the clerk will sign for you regardless of your signature is wrong.

Proof of Service on the Reverse

The reverse contains the Proof of Personal Service (POS-020 or SC-104 reverse), which the server completes after handing the order to the debtor. Under CCP §708.110(d), service must be personal, not by mail, and at least 10 calendar days before the exam. The consequence of mail service is voiding the order and bench warrant.

Mini-scenario: Henry, a Long Beach dog walker, mailed the SC-104 by certified mail to save money; the judge refused to sanction the no-show because service was defective. The misconception that small claims allows mail service for orders is wrong; only the initial small claims complaint allows certified mail under CCP §116.340.

Three Common Scenarios

Below are the three most popular SC-104 fact patterns, each illustrated as a two-column table that links a typical action to its likely consequence.

Scenario 1: Wage Earner Debtor With a Steady Job

Creditor Action	Likely Consequence
File SC-104 within 30 days of unpaid judgment	Hearing set in 4-6 weeks, debtor served personally
Ask about employer name and pay frequency at exam	Debtor reveals W-2 employer under oath
File WG-001 Earnings Withholding Order Application within 7 days	Sheriff serves employer; 25% of disposable earnings garnished
Track payments via MC-012 Memorandum of Costs	Interest accrues at 10% under CCP §685.010 until paid

Scenario 2: Self-Employed Debtor Hiding Bank Accounts

Creditor Action	Likely Consequence
Demand 12 months of bank statements in Item 4	Debtor produces statements or risks contempt
Note bank names and routing numbers from statements	Foundation laid for EJ-130 Writ of Execution
Levy bank accounts via county sheriff	Funds frozen at debtor’s bank within 10 days
If debtor refuses production, request OSC re Contempt	Possible 5-day jail term under CCP §1218

Scenario 3: Debtor Fails to Appear at Exam

Creditor Action	Likely Consequence
Confirm valid personal service on the record	Judge confirms service was 10+ calendar days prior
Request bench warrant under CCP §708.170	Warrant issued, $1,000 sanction added to judgment
Ask for $1,000 sanction added to the judgment	Sanction collectible like principal under CCP §128.5
Reschedule new exam with fresh SC-104	New 10-day service clock begins; warrant remains active

Named Examples That Bring the Form to Life

Real names and goals make rules stick, so consider these three examples drawn from typical California small claims dockets and the Judicial Council statistics page.

Maria’s Rent Recovery in Sacramento. Maria won a $5,200 judgment against an ex-tenant. She filed Form SC-104 the day after the 30-day SC-133 deadline expired and hired a registered process server through the California Association of Legal Support Professionals directory. At the exam, she learned the tenant worked at a tech firm and earned $4,800 monthly; she filed WG-001 the next morning and recovered the full judgment in nine months.

David’s Contractor Collection in San Diego. David, owed $7,500 for unpaid construction work, used the SC-104 to discover that his debtor owned a 2019 Toyota Tacoma free and clear. He recorded an Abstract of Judgment (EJ-001) at the San Diego County Recorder’s Office and levied the truck through the sheriff under CCP §700.020. He recovered $6,200 net at the auction, plus continuing interest.

Priya’s eBay Buyer Battle in Oakland. Priya, owed $1,400 for a fraudulent chargeback, ran her SC-104 exam and discovered the debtor lived with parents and had no wages but a Coinbase account showing $3,000 in Bitcoin. She levied the account using the California Code of Civil Procedure §700.140 bank-levy procedure and was paid in full within 30 days.

Mistakes to Avoid

Avoiding these errors saves filing fees, court time, and your sanity, and each one connects to a specific rule in the California Code of Civil Procedure.

Mailing the order to the debtor. CCP §708.110(d) demands personal service; mail voids the bench warrant.
Serving fewer than 10 calendar days before the exam. Late service forces continuance and signals weakness to the debtor.
Filing a second SC-104 within 120 days. CCP §708.110(b) bars repeat exams without a court order.
Naming an LLC without an officer. Item 1 requires a human; otherwise no one is bound by the order.
Forgetting to demand bank statements in Item 4. Without documents, the debtor can claim ignorance of account numbers.
Skipping the MC-012 Memorandum of Costs. You forfeit the right to recover service and filing fees.
Asking legal-conclusion questions at the exam. The judge will sustain objections; stick to fact-based asset questions.
Failing to bring a list of pre-written questions. Memory fails under courtroom pressure and you waste your one shot.
Letting a lawyer “represent” you in small claims court. CCP §116.530 bars attorney representation at the hearing itself.
Letting the 10-year judgment lifespan expire. Renew under CCP §683.130 before the deadline or lose the entire judgment.

Dos and Don’ts

These rules-of-thumb keep you efficient and legal during the SC-104 process.

Dos:

Do hire a registered process server because professional service rarely fails proof requirements under Business and Professions Code §22350.
Do bring three copies of every document because the judge, debtor, and your file each need one.
Do prepare 20 to 30 written asset questions because preparation wins exams under CCP §708.130.
Do request the bench warrant immediately on no-show because delay can be read as waiver of the sanction.
Do calendar the 120-day clock because filing too soon wastes fees under CCP §708.110(b).

Don’ts:

Don’t threaten the debtor outside court because Penal Code §518 treats threats as extortion.
Don’t record the exam without permission because Penal Code §632 bars secret recordings of confidential communications.
Don’t ask about exempt benefits beyond verification because 42 U.S.C. §407 protects Social Security funds anyway.
Don’t skip the SC-133 Statement of Assets review because the debtor must produce it or face contempt.
Don’t forget post-judgment interest because CCP §685.010 compounds the recovery quickly.

Pros and Cons of Using Form SC-104

Weighing the trade-offs helps you decide whether to file or pursue alternatives like voluntary settlement.

Pros:

Forces sworn disclosure because lying at the exam exposes the debtor to perjury under Penal Code §118.
Triggers a bench warrant on no-show because CCP §708.170 authorizes immediate enforcement.
Adds a $1,000 sanction to the judgment because the sanction is collectible like principal.
Reveals bank, employer, and asset details because CCP §708.130 supports broad questioning.
Costs little to file because most counties charge $0 to $60 per the Statewide Fee Schedule.

Cons:

Requires personal service because CCP §708.110(d) demands hand delivery and adds expense.
Limits repeat exams because the 120-day rule throttles strategy under CCP §708.110(b).
Provides no money directly because the SC-104 is discovery only, not collection.
Risks counter-questions about your own conduct because the debtor can ask the judge for protective orders under CCP §708.200.
Adds emotional strain because face-to-face questioning can escalate hostility, prompting some creditors to use the California Dispute Resolution Programs Act instead.

Court Rulings That Shape SC-104 Practice

Several California appellate decisions guide how judges run SC-104 exams, and recapping them keeps your strategy aligned with current precedent.

Imperial Bank v. Pim Electric (1995) 33 Cal.App.4th 540 holds that judgment debtor exams cover any asset that might satisfy the judgment, including community property of a spouse who is not a party. The plain-English consequence is broad questioning is allowed; the misconception that “spouse assets are off limits” is wrong.

Young v. Keele (1987) 188 Cal.App.3d 1090 confirms that a properly served debtor who fails to appear is subject to a bench warrant, even on a small dollar judgment. The misconception that bench warrants only issue on big cases is wrong.

Yolanda’s, Inc. v. Kahl & Goveia Commercial Real Estate (2017) 11 Cal.App.5th 509 reaffirms that the debtor must produce documents listed in the order, and refusal supports contempt. The misconception that “I’ll just bring myself, not papers” is wrong.

State Nuances Across California Counties

While the SC-104 is a statewide Judicial Council form, local rules tweak how exams run, so a quick county tour helps.

In Los Angeles County, exams often happen in dedicated post-judgment courtrooms, and the clerk publishes weekly debtor-exam calendars online. In San Francisco County, exams can run virtually via Zoom under Local Rule 3.6, saving travel time but requiring tech setup. In Orange County, the clerk demands service proofs filed at least 5 court days before the hearing, tighter than the statewide minimum.

The plain-English point is to check local rules every time. Real example: Sofia, a Santa Ana baker, filed her SC-104 expecting statewide rules; OC’s local 5-day proof-of-service deadline caught her by surprise and her exam was continued. The misconception that Judicial Council forms override local procedure is wrong.

After the Exam: Turning Information Into Money

The exam is only step one. The information you collect must flow into enforcement filings within tight windows or it goes stale.

Within 7 days, file your WG-001 Earnings Withholding Order Application for any wage earner debtor, because employer info ages quickly. Within 14 days, file your EJ-130 Writ of Execution on bank accounts revealed at the exam, because debtors close accounts after attending exams. Within 30 days, record an Abstract of Judgment EJ-001 in any county where the debtor owns real estate so you create an automatic lien under CCP §697.310.

The consequence of waiting longer is asset flight. Real example: Marcus, an LA musician, learned about a Wells Fargo account at his exam, waited three weeks to file his writ, and found the account drained when the sheriff levied. The misconception that “the judgment lasts 10 years so I have time” is wrong; assets move within weeks, not years.

FAQs

Is California Form SC-104 the same as the SC-133?

No. SC-104 is the court order forcing the debtor to appear, while SC-133 is the asset disclosure statement the debtor fills out and brings to the exam.

Can I serve Form SC-104 by certified mail?

No. CCP §708.110(d) requires personal service at least 10 calendar days before the exam; mail service voids the bench warrant remedy entirely.

Will the court issue a bench warrant if the debtor skips the exam?

Yes. CCP §708.170 authorizes a bench warrant and a $1,000 sanction added to your judgment, provided service was personal and timely.

Can a lawyer represent me at the small claims exam?

No. CCP §116.530 bars attorney representation at small claims hearings, including the SC-104 debtor exam, though counsel may advise outside court.

Can I run a second SC-104 exam soon after the first?

No. CCP §708.110(b) bars another exam of the same debtor within 120 days unless the court grants leave for good cause.

Does Social Security income show up at the exam?

Yes. The debtor must disclose all income, but 42 U.S.C. §407 makes Social Security funds exempt from levy, so disclosure does not equal collectability.

Can I demand tax returns on Form SC-104?

Yes. CCP §708.130 allows reasonable document demands, including the past two years of tax returns tied to asset identification.

Will filing Form SC-104 hurt my credit or the debtor’s credit?

No. The form is a court order; credit bureaus pick up the underlying judgment from county records, not from SC-104 filings themselves under Fair Credit Reporting Act §1681c.

Can I conduct the exam by Zoom?

Yes. Many counties, including San Francisco, allow virtual exams under local rules, but you must request the format on the SC-104 itself and follow that county’s tech protocol.

Does interest keep accruing during the exam process?

Yes. CCP §685.010 sets post-judgment interest at 10% per year, which accrues continuously regardless of any pending exam or motion.

Can the debtor object to the SC-104?

Yes. The debtor can move to quash for defective service, overbroad document demands, or 120-day violations under CCP §708.200, though successful motions are uncommon.

Will the SC-104 expire if not served quickly?

No. The order itself does not auto-expire, but the assigned hearing date will pass; if you miss it, you must request a new date and pay any required reissuance fee at the clerk’s window.

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