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Form AT-138/EJ-125, Application and Order for Appearance and Examination, page 1
Moderate · 50/100Form Complexity Index

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What this form asks for

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California Form AT-138/EJ-125, also known as the Application and Order for Appearance and Examination, is a legal document used to request a court order compelling a judgment debtor or a third party to appear for questioning. This process, known as a debtor's examination, is a critical tool for creditors to discover assets that can be used to satisfy a money judgment or an attachment order. Today, this form can be filled out quickly and accurately using AI-powered services like Instafill.ai, which can also convert non-fillable PDF versions into interactive fillable forms.
Fillable fields55
Pages4
Sections20
Questions that depend on earlier answers14
Form Complexity IndexModerate, 50/100

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How to Fill Out AT-138/EJ-125 Online for Free in 2026

What the AI walks you through.

  1. Navigate to Instafill.ai and upload your Form AT-138/EJ-125, or select it from their library of official documents.
  2. Use the AI assistant to accurately fill in the Attorney or Party Information section, including your name, firm, address, and State Bar number if applicable.
  3. Provide the court and case information, such as the county, court address, party names (Plaintiff/Petitioner and Defendant/Respondent), and the specific case number.
  4. Specify the details of your application by selecting the type of enforcement, the person to be examined (Judgment Debtor or Third Person), and your status as the applicant.
  5. Complete the declaration section, providing any necessary affidavits or descriptions of property, and then date and provide the declarant's name.
  6. Review all the information entered by the AI for accuracy. Once confirmed, you can download, print, or electronically file the completed Form AT-138/EJ-125 as required by the court.

Common Mistakes in Completing AT-138/EJ-125

The ones the AI is built to catch.

Incorrect or Incomplete Case Number
Entering the case number with typos, incorrect formatting, or missing digits is a frequent and critical error. Since the case number is the primary identifier for the legal proceeding, any mistake can lead to the document being rejected by the court clerk or misfiled, causing significant delays. To avoid this, double-check the case number against official court documents and ensure it matches the required format exactly. AI-powered tools like Instafill.ai can help by validating the format and auto-populating the number consistently across the form.
Transposing Plaintiff/Petitioner and Defendant/Respondent
Users often mistakenly enter the plaintiff's name in the defendant's field and vice versa. This fundamental error misrepresents the parties involved in the case and can lead to the application being deemed defective, requiring correction and refiling. Carefully read each label and confirm the role of each party before entering their names. This is especially important as these fields may appear multiple times on the form.
Ignoring Conditional Logic for Checkboxes
The form contains several checkboxes with instructions like 'Fill only if 'Third Person' is 'Yes''. A common mistake is to ignore these conditions and check boxes that contradict previous selections, such as checking a box related to a 'Judgment Debtor' after indicating the examination is for a 'Third Person'. This demonstrates a misunderstanding of the form's purpose and will likely result in its rejection. Pay close attention to all conditional instructions to ensure your selections form a logical and valid application.
Forgetting to Attach Required Affidavits
The form includes checkboxes for special circumstances, such as 'Judgment debtor examined within 120 days' or seeking an examination in a different court. These selections explicitly state that a supporting affidavit must be attached. Filers often check the box but forget to include the required document, leading to an incomplete and rejectable submission. Always review any checked boxes that mention an attachment and ensure the corresponding document is included with your filing.
Vague Description of Third-Party Property or Debt
When applying to examine a third person, the form requires a description of the property they control or the debt they owe. A frequent error is providing a vague description like 'bank account' or 'money owed'. This is insufficient and can render the resulting court order unenforceable. The description must be specific enough to identify the exact property or debt, such as 'Savings Account ending in 1234 at ABC Bank, N.A.' or 'A debt arising from a promissory note dated January 1, 2023'.
Misidentifying the 'Attorney For' Party
In the 'Attorney or Party Information' section, the 'Attorney For' field requires the name of the client being represented (e.g., the Plaintiff or Defendant). A common slip-up is for the attorney to enter their own name or their firm's name in this field. This creates confusion about who is being represented and can cause processing delays. Always enter the full, correct name of the client party in this field.
Incomplete or Incorrect Court Information
Filers sometimes enter the main county courthouse address when the case is actually assigned to a specific branch with a different location. Failing to specify the correct 'Court Branch Name' and its corresponding address can lead to the application being filed in the wrong venue, causing delays and requiring refiling. Verify the specific branch court handling your case from prior notices or the court's website before filling out this section.
Confusing Declaration, Order, and Hearing Dates
The form asks for multiple dates: the 'Declaration Date' (when you sign), the 'Order Date' (when the judge signs), and the 'Hearing Date' (when the examination occurs). People often mix these up or enter them in the wrong format. An incorrect hearing date can cause the party to miss the appearance, while an incorrect declaration date can raise questions about the document's validity. Carefully read each date field and enter the correct information, leaving fields like 'Order Date' blank for the court to complete.
Inconsistent Information in Repeated Fields
This form asks for the same information, such as the 'Case Number' and party names, in multiple locations (e.g., in the top header and again in the body). A common data entry error is to have slight variations or typos between these repeated fields. This inconsistency can create confusion and may trigger a rejection, so it's crucial to ensure the information is identical everywhere it appears. Using a tool like Instafill.ai can prevent this by populating all related fields from a single entry.
Failing to Provide a Separate Court Mailing Address
The form provides distinct fields for the court's 'Street Address' and 'Mailing Address'. Many filers assume these are the same and leave the mailing address field blank, even when the court uses a P.O. Box or centralized mail processing center. This can cause crucial notices and orders sent from the court to be delayed or returned as undeliverable. Always check the court's official website to confirm if a separate mailing address should be used.

Frequently Asked Questions About AT-138/EJ-125

 

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This plan is for your AT-138/EJ-125: your own AI agent fills it as often as 5 times a month. To fill other forms and upload your own, choose a Professional plan from your account.
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How does the AI fill out AT-138/EJ-125?
You answer a few questions in plain words, or upload a document you already have. The AI reads what you give it and puts each answer into the right field of AT-138/EJ-125, on every page, in seconds. It checks the answers against the form's own rules, and you review and change anything before you download, print or sign.
What happens to my information?
It is encrypted in transit and at rest, and it is never used to train AI.
How complex is AT-138/EJ-125 to fill out?
AT-138/EJ-125 has a Form Complexity Index of 50 out of 100, in the moderate tier: 55 fillable fields across 4 pages. Instafill.ai's AI fills it in under a minute, with every field there for you to review before you download.
What is the purpose of the Application and Order for Appearance and Examination form?
This form is used to ask a court to order a person to appear for an examination. The goal is to get information about a judgment debtor's or defendant's assets to help enforce a money judgment or an attachment order.
Who should fill out this form?
This form should be completed by a judgment creditor, an assignee of record, or a plaintiff who has a right to attach order. It is for parties seeking to discover the assets of a person who owes them money under a court case.
What is the difference between examining a 'Judgment Debtor' and a 'Third Person'?
A 'Judgment Debtor' is the person who directly owes the money from the court's judgment. A 'Third Person' is someone else who you believe is holding property for the debtor or owes the debtor money.
What information do I need to have ready before filling out this form?
You will need the court name, case number, and the names of all parties involved. You also need the full name and address of the person you want to examine and, for a third person, a description of the property or debt they control.
When should I check the 'Enforcement of Judgment' box versus the 'Attachment (Third Person)' box?
Check 'Enforcement of Judgment' if you have already won a money judgment and are trying to collect. Check 'Attachment (Third Person)' if the case is ongoing but you have a 'right to attach order' to secure property before a final judgment.
What does the 'Judgment debtor examined within 120 days' checkbox mean?
You must check this box if the judgment debtor has already been examined in the last 120 days. If so, you are required to attach a separate affidavit explaining to the court why another examination is necessary.
What happens after I submit this form to the court?
After you file the application, a judge will review it. If approved, the judge will sign the order, setting a hearing date, time, and location for the person to appear, and the signed order must then be served on that person.
The person I want to examine lives in a different county. What do I do?
You must check the box indicating the examination is sought in a different court than where the judgment was entered. You will also need to attach a specific affidavit justifying the request to hold the examination in that other county.
Can I use AI to help me fill out this form?
Yes, services like Instafill.ai use AI to help you accurately auto-fill form fields from your saved information, which can save you time and help prevent errors.
How can I fill out this form online?
You can use a service like Instafill.ai to complete this form online. Simply upload the form to the platform, and it will guide you through filling out all the required fields interactively.
The PDF version of this form I found is not fillable. What can I do?
If you have a non-fillable or 'flat' PDF, you can upload it to a platform like Instafill.ai. The service can convert it into an interactive, fillable form that you can complete and save on your computer.
What is the 'Application Not Subject to CCP 708.111' checkbox for?
Check this box if your application is not for examining a judgment debtor about a consumer debt where the judgment was entered on or after January 1, 2025. This indicates that certain new procedural rules do not apply to your case.
Who can serve this order once the judge signs it?
The order can be served by a sheriff, marshal, or a registered process server. You can also ask the court to appoint a specific individual by entering their name in the 'Specially Appointed Person Name' field.
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