A "debtor's examination" is a special proceeding that judgment creditors use to look into ways it can collect a judgment from you, such as using a wage garnishment or attaching funds in a bank account. The purpose is to help the creditor determine how it can collect the judgment if you don't pay up. Creditors also use it to pressure you to pay the judgment.
At the debtor's exam, you're required to answer questions, under oath, about your finances and ability to pay the judgment owed to that creditor. The judgment creditor will ask you questions about:
A debtor's examination is usually conducted in court, sometimes in a private room, but can also be held at the judgment creditor's attorney's office. It typically lasts no more than 15 to 30 minutes. Once the exam is over, you're 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 proceeding might be as far as the judgment creditor can go with you. Once it learns that you have nothing to give, it might walk away. Or, the debtor's exam can be a good opportunity for you to negotiate a settlement with the judgment creditor's attorney, face-to-face.
Be aware, however, that creditors in some states have been known to abuse the debtor's examination; they use it as a means of getting jail sanctions to pressure you to pay.
When the creditor first sued you, you didn't have to respond to its complaint or come to court if you didn't dispute its claim. A debtor's examination is different. Once the creditor has a judgment and the court orders you to appear at a debtor's examination, you must do so.
You can't go to jail if you don't pay the judgment creditor. But you can go to jail if you fail to appear for a debtor's exam. If you don't show up, the court may find you in civil contempt for disobeying its order. If you ignore the court's summons, it may also issue a warrant for your arrest. If you're found in contempt, the court may issue sanctions against you, which can include fines and jail time.
If you do appear for the debtor's exam, you must answer the judgment creditor's questions honestly. If you give false or misleading answers, you could be punished for perjury. Usually, you can't refuse to answer its questions, unless the judgment creditor is being abusive or harassing or doesn't follow the court's rules and procedures. If you refuse to answer, then you could be found in contempt of court.
At the debtor's examination, you're not allowed to dispute the debt or raise arguments about the creditor's judgment, including whether you feel you owe the debt. The exam is limited solely to how the judgment creditor can collect the debt from you.
If you receive a summons, order, or some other court-issued document requiring you to appear for a debtor's examination, don't ignore it. If the time and date of the debtor's exam pose a hardship for you, such as a work or school conflict, contact the judgment creditor's attorney to discuss rescheduling it for a more convenient date and time. 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:
If you're concerned about a debtor's examination or if you have questions about any aspect of debt collection, consider talking to a qualified attorney. Your lawyer can explain both your legal rights and your legal obligations when it comes to dealing with debt.