Understanding the Examination of Judgment Debtor process

In order to claim the damages owed to you, you will need certain vital information to get to the adverse party’s money and even their movable personal belongings like furniture. Unfortunately, the adverse party is unlikely to volunteer such information willingly. This is when you need to instruct your lawyer to take out an application called the Examination of Judgment Debtor.

The Examination of Judgment Debtor process begins by sending the adverse party a list of questions on where the adverse party’s money is kept. If the adverse party is willing to provide the information, the adverse party will simply fill up the questionnaire that your lawyer has sent to them and provide you with the requested information.

When the adverse party is unwilling to provide the requested information, the adverse party will then be directed by the Court to turn up at a hearing. Your lawyer will ask the adverse party questions then to get the required information. This is typically a harsh session of questioning by your lawyer that will be inflicted on the adverse party. Most people will either comply and provide the requested information in order to avoid being questioned in person by a lawyer, or they will choose not to turn up at the hearing altogether, even if doing so means the adverse party risks being in contempt of court.

If the adverse party insists on not showing up at the Examination of Judgment Debtor hearing and is in contempt of court, the judge can use his discretion to deal with the adverse party’s disrespect of the court process.

If the judge chooses not to deal with the adverse party’s disrespect of the court process, you must decide if you want to take out an application for committal to deal with the adverse party.