If you want to collect a debt through the court, you will need enough information about the debtor's finances to decide how the debt can be collected and if it is worth paying the costs of collecting. If you do not have sufficient information about the debtor's finances and cannot obtain the necessary information on your own, you may want to request a Judgment Debtor Examination.
A Judgment Debtor Examination 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.
Requesting a Judgment Debtor Examination
To obtain a judgment debtor examination, you will have to do three things: obtain a Certificate of Judgment, swear an Affidavit for Examination, and deliver a Notice of Examination to the debtor. There is also a $35 fee for holding a Judgment Debtor Examination.
To get a Certificate of Judgment, you will need to fill out a Certificate of Judgment form. Fill in all the information requested on the form, including the date of the judgment, the amount of the judgment, the amount of pre-judgment and post-judgment interest, and the amount of costs. There is a fee for obtaining a Certificate of Judgment.
To complete an Affidavit for Examination, you should fill out the information on the front as it appears on your Statement of Claim. The "plaintiff" is now the "creditor" and the "defendant" is now the "debtor". On the reverse side of the form, fill in all the information requested, including the date of judgment, the court where the judgment was made, and the amount still owing on the judgment. Once you complete the Affidavit, you will have to sign it and swear that it is true in front of a commissioner of oaths. Usually a staff member at the Small Claims Court office can also do this for you.
Finally, you must fill in a Notice of Examination form. The Small Claims Court office staff will give you a time and date for the Judgment Debtor Examination which may be several months later. The Notice of Examination tells the debtor that they have to attend court on a given time and date to give information about their finances. Finally, you will have to deliver the Notice to the debtor.
Depending on the amount owing, you may want to pay a private collection company to handle the Judgment Debtor Examination. The staff at the Small Claims Court office can provide you with all the necessary forms for a Judgment Debtor Examination and printed information on how to complete the forms.