What is a debtor in court?
In English and American law, a judgment debtor is a person against whom a judgment ordering him to pay a sum of money has been obtained and remains unsatisfied.
What happens at an examination hearing?
An Examination Hearing is a meeting with you, a judge, and the debtor. Both you and the judge will be able to ask the debtor questions about the debtor’s finances. This includes how much money or property the debtor owns, how the debtor earns it, and where it is kept.
When do you have to go to a debtor examination?
When the creditor first sued you, you did not have to respond to its complaint or come to court if you did not dispute its claim. A debtor’s examination is different. Once the creditor has obtained a judgment and the court orders you to appear at a debtor’s examination, you must do so. You cannot go to jail if you do not pay the judgment creditor.
How to file a motion for judgment debtor exam?
You must file a certificate of mailing with the court before the date set for the examination. A form Motion for Judgment Debtor Exam (with related documents), is available, free of charge, at the Self-Help Center. You can also download the forms on your computer by clicking one of the formats underneath the form’s title below:
What to do if judgment creditor refuses to reschedule debtor exam?
If the judgment creditor’s attorney refuses to work with you to reschedule the debtor’s exam, then you should file a written motion requesting a continuance of the debtor’s exam with the court. If you are served with papers requiring you to appear for a debtor’s examination, you can legally avoid it in some of the following ways:
How to find out if a judgment debtor has assets?
The first step to collecting on a judgment is to determine whether the judgment debtor has assets. If you are not certain of the judgment debtor’s assets, the most effective way to obtain this information is to have your attorney conduct a Rule 69 examination.
Where do I go for a debtor examination?
The court will provide a schedule for a debtor examination (a hearing) usually at the courthouse where the judgment was obtained. The court appearance of a judgment debtor to answer your questions is called an OEX, which stands for Order to appear for EXamination. Sometimes it is called a JDX, which stands for Judgment Debtor eXamination.
How to collect judgments via judgment debtor examinations?
How to Collect Judgments via Judgment Debtor Examinations: To obtain a debtor examination, the creditor must file an Application and Order for Appearance and Examination. The court will then schedule the examination for a specific date and time, and issue an order requiring the debtor’s appearance.
What does it mean when a creditor asks for a debtor examination?
If a creditor has obtained a judgment against you, it might request that you come to court and answer questions about your finances. This procedure is called a debtor’s examination. The purpose is to help the creditor determine how it can collect the judgment if you don’t pay up.
How long does a debtor examination usually last?
It typically lasts no more than 15 to 30 minutes. Once the exam is over, you are free to leave. Often, a debtor’s examination is a harmless affair. If you have no assets and income that the judgment creditor can grab, then this might be as far as the judgment creditor can go with you. Once it learns you have nothing to give, it might walk away.