Order To Attend Court For Questioning

Do you have a judgment and the debtor has failed to make or maintain payments?

Do you need financial information about your debtor before you can decide if to take enforcement action?

Mercian Law can help.

This is not a method of enforcement, but how you can get up to date financial information about your debtor, to assist you in:

  • Deciding if enforcement is worth it, and if it is
  • Which method of enforcement is possible

A court officer (not a judge) will interview your debtor (individual or a company official) under oath and complete a record of examination.  The questions include:

  • Employment details, including employer specifics and salary
  • Details of all income and expenditure
  • Details of property
  • Details of bank accounts and balances

Your debtor may ask you to cover their travel expenses to attend the appointment.

You can apply for this order at any time after judgment has been obtained, even if your debtor has maintained payments.

You can attend the appointment, but it not required, as you will be sent a copy of the record of examination.  Prior to the appointment an affidavit must be filed confirming if the debtor has requested travel expenses and confirm the balance outstanding under the judgment. 

If your debtor fails to attend or refuses to answer questions or take the oath, the court officer will pass the file to a judge to consider making a suspended committal order, and a new appointment date is set.  The suspended committal order must be personally served, and an affidavit filed.

If the debtor fails to attend the appointment on a suspended committal order a warrant of arrest will be issued and served by the court.  If the debtor still fails to co-operate they will be committed to prison.  However, this is a very rare occurrence as most debtors do eventually co-operate.

  • Make the application on your behalf
  • Prepare, file and serve affidavit prior to appointment
  • Instruct a process server to serve the order on the debtor
  • Name and address of the debtor, as the order must be served personally upon the debtor
  • Copy of judgment
  • Any specific questions you want your debtor to answer (must be relevant to your debtor’s ability to pay)
  • List of any documents you want your debtor to bring to the interview (relevant to your debtor’s ability to pay)