Judgment Debtor Exam — When A Judgment Creditor Asks You Questions

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When a person or company wins a lawsuit against you, the court enters an order called a judgment. The judgment states the amount of money you owe the other party, including interest and costs. A judgment debtor examination, or debtor's exam, is a chance for the creditor to gather the necessary information to pursue one or more collection methods. This article discusses what information is covered in a judgment debtor exam, how the creditor can use that information to collect the debt from you, and what rights and protections you have.

When a person or company wins a lawsuit against you, the court enters an order called a judgment. The judgment states the amount of money you owe the other party, including interest and costs. This amount is called the judgment debt. After the judgment is entered, you’re considered a judgment debtor. The party who won the lawsuit is the judgment creditor.

A judgment creditor has several options for collecting the judgment debt. A judgment debtor examination, or debtor's exam, is a chance for the creditor to gather the necessary information to pursue one or more collection methods. This article discusses what information is covered in a judgment debtor exam, how the creditor can use that information to collect the debt from you, and what rights and protections you have.

What Is A Judgment Debtor Exam?

To collect a debt against you, a judgment creditor needs certain information. For example, to issue a wage garnishment, the creditor must know - at a minimum - where you work. In some cases, the creditor may already have the necessary information. If not, the creditor may need to conduct a judgment debtor examination.

Any creditor who has a valid judgment against you may ask the court to order a debtor's exam. Depending on your state’s laws, the exam could take place in a courtroom, like a hearing, or at an attorney’s office, like a deposition. You answer questions about your income and assets. A court reporter records all your answers. The examination typically lasts 15-30 minutes.

Your answers at a judgment debtor examination are given under oath, meaning you swear or affirm that you’re telling the truth. If you make false or misleading statements, you could face criminal perjury charges.

You may be required to bring some documents with you to the examination. A list of these documents is often included in the notice of examination. Examples of documents you might need include things like bank statements, account numbers, pay stubs, tax returns, or credit card statements. During the exam, the creditor’s attorney or representative can also ask you to provide documents as proof of your answers. If so, you must submit the requested evidence within a certain time, usually 30 days.

Do I Have To Attend?

Yes. Your appearance at a judgment debtor examination is mandated by court order. The summons or notice you receive ordinarily states the consequences for failing to show up. The court can issue a bench warrant to have you arrested. You may also have to pay a fine.

Sometimes, the judgment creditor may ask you to provide information in writing instead of attending an in-person examination. In this situation, you’ll receive a set of formal interrogatories rather than a summons.

What Are Interrogatories?

Interrogatories are written questions. They can take the place of the questions the creditor would ask you at an in-person examination. Instead of answering in person, you’ll submit your answers in writing. The interrogatories contain instructions about when and where to send your responses.

Because interrogatories replace the examination, all the same rules apply. You must answer the questions under oath, usually by attaching a notarized affidavit to your responses. You may be required to provide documents about your assets and income. You must respond to the interrogatories or the judge could find you in contempt of court.