At any time after the judgment is entered, the person who was awarded the judgment is entitled to a court order requiring the debtor to appear and answer questions, under oath about matters that would help the person with the judgment to collect it. These questions might relate to what type of property they own, where that property is located, whether or not the debtor has a job, etc.

Select the following links for information on:

• How To Request A Debtor’s Examination
• How To Conduct A Debtor's Examination
• What Happens If The Debtor Does Not Appear At The Examination
• Sample Questions To Ask A Debtor At The Debtor’s Examination

How To Request A Debtor’s Examination

To request the examination of the debtor, you must file an Application for Examination of Judgment Debtor and submit a copy of the Order Allowing Examination of Judgment Debtor. If the Judge signs the Order, the Court will set a hearing date. After the Order is signed, it is your responsibility to have the Order served upon the defendant and submit proof of service to the Court.  If no proof of service is provided, the hearing date is vacated. 

How To Conduct A Debtor's Examination

You should come to the hearing with a list of questions to ask the debtor; see Sample Questions to Ask the Debtor. The debtor will be put under oath at which time you will ask the debtor questions usually outside the courtroom.

What Happens If The Debtor Does Not Appear At The Examination?

A judgment debtor who is regularly served with an Order Allowing Examination of Judgment Debtor and who fails to appear at the time and place specified in the order may be punished for contempt by the judge issuing the order. Please note that no debtor may be required to appear outside the county in which he resides.

In order to have the debtor held in contempt of court, you may file a Motion for an Order to Show Cause and Order to Show Cause. If the Order is signed, you must have it personally served on the debtor. If the debtor fails to appear at the show cause hearing or fails to furnish an adequate reason for having failed to appear at the debtor examination, the judge may hold the debtor in contempt and may issue a bench warrant for their arrest.