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Examination Of Debtor

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.

 


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