SECTIONS 989-994 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 989-994

989. When a judgment is recovered against one or more of several
persons, jointly indebted upon an obligation, by proceeding as
provided in Section 410.70, 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 such 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.

990. The summons specified in Section 989 shall be issued by the
clerk upon presentation of the affidavit specified in Section 991.
The summons must describe the judgment, and require the person
summoned to show cause why the person should not be bound by it, and
must be served in the same manner, and returnable no later than
ninety (90) days after the time specified for the return of the
original summons. It is not necessary to file a new complaint.

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

992. Upon such summons, the defendant may answer within the time
specified therein, denying the judgment, or setting up any defense
which may have arisen subsequently; or he may deny his liability on
the obligation upon which the judgment was recovered, by reason of
any defense existing at the commencement of the action.

993. If 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; if he denies his liability on the obligation
upon which the judgment was recovered, a copy of the original
complaint and judgment, the summons, with the affidavit annexed, and
the answer, constitute such written allegations, subject to the right
of the parties to amend their pleadings as in other cases.

994. 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, if a verdict be found against
him, it must be for not exceeding the amount remaining unsatisfied on
such original judgment, with interest thereon.