If all collection avenues prove unsuccessful, then perhaps the information
needed to collect a Judgment can be obtained through an oral examination
of the Defendant. Sometimes information critical to the collection of a Judgment
can be obtained.
The individual to be questioned is usually given at least one opportunity
to appear voluntarily. If he does not cooperate, the next attemp to obtain
his testimony is through directing a Summons to him demanding that he appear
at a certain date and time at a specific place in order to answer questions
as to the liabilities and assets of the debtor company or himself, if the
Judgment is against him perconally. This examination differs from a deposition
in several respects:
It takes place after Judgment has been entered.
It is less formal.
No court reporter is present, except in those jurisdictions where one is
required.
No transcript is made.
Even if the information obtained does not result in the collection of the
Judgment, it will usually prove to you that the Judgment is uncollectible.
