🔍 Debtor Examination Guide

A debtor examination (also called a supplementary proceeding, order of examination, judgment debtor exam, or OEX) is a court-ordered hearing where the judgment debtor must appear and answer questions under oath about their income, assets, bank accounts, employment, property, and overall financial situation. It is one of the most powerful—and most underused—post-judgment discovery tools available to creditors. Industry data suggests that only a small fraction of judgment creditors ever schedule an examination, yet those who do consistently achieve higher recovery rates. 🔍

Think of it as a court-supervised interrogation of the debtor’s finances. The debtor sits in front of you (or your attorney) and must truthfully answer every question about where their money is, what they own, where they work, and whether they’ve transferred any assets. Lying is perjury—a criminal offense punishable by fines and imprisonment. Refusing to answer is contempt of court, which carries its own penalties. Failing to appear can result in a bench warrant for arrest. This isn’t a polite request—it’s a court order backed by the full power of the judicial system. ⚖️

The debtor examination serves two critical purposes: asset discovery (finding out what the debtor has and where it is) and enforcement planning (gathering the specific information you need to execute levies, garnishments, and liens). It is arguably the most important post-judgment discovery tool available. Even when a debtor appears judgment-proof on paper, a skilled examination often reveals assets they didn’t think you’d find—secondary bank accounts, side income, property held in a spouse’s name, pending inheritances, or assets they “forgot” to disclose.

🔑 How the Debtor Examination Fits Into Your Collection Strategy

The debtor examination is the intelligence-gathering phase of your enforcement campaign. Think of it as the reconnaissance mission before a military operation. Before you spend money on writs of execution, asset levies, and wage garnishments, you need to know exactly where the debtor’s money is. The examination provides that intel directly from the debtor’s own mouth, under penalty of perjury.

Here’s the typical sequence for an effective collection campaign:

• 🔍 Step 1 — Professional asset search: Run an asset search to get a baseline picture of the debtor’s financial profile before you begin.
• 📋 Step 2 — Debtor examination: Use the exam to confirm what you found, discover assets the search didn’t reveal, and get exact details (account numbers, employer addresses, etc.).
• ⚡ Step 3 — Immediate enforcement: Armed with specific asset details from both sources, file levies, garnishments, and liens targeting every available asset simultaneously.
• 🔄 Step 4 — Repeat as needed: Schedule follow-up examinations every 120-180 days to monitor changes in the debtor’s financial situation.

This approach leaves nothing to chance. You’re not guessing which bank to levy or hoping you picked the right employer for garnishment. You have sworn testimony and documentary evidence pointing you to every dollar the debtor has.

Most judgment creditors jump straight to levies and garnishments without ever scheduling a debtor examination. This is a mistake. Here’s why the exam should be a core part of your collection strategy: 🎯

Here’s how to schedule, prepare for, and conduct a debtor examination from start to finish: 📝

The questions you ask determine the quality of information you get. Here are the essential question categories with sample questions for each. Adapt these to your specific situation and the debtor’s circumstances. For a complete question preparation strategy, see our detailed guide on how to prepare for a debtor examination. 📋

When filing your motion for examination, include a subpoena duces tecum (a court order requiring the debtor to bring specific documents). The documents are just as valuable as the testimony—sometimes more so, because numbers on paper don’t lie. Here’s what to request: 📋

• 🏦 Bank statements for all accounts for the past 12 months — reveals account balances, deposit sources, transfer patterns, and spending habits
• 💼 Pay stubs from all employers for the past 6 months — confirms exact earnings, deductions, and employer details for garnishment
• 📄 Tax returns (federal and state) for the past 2 years, including all schedules — Schedule C reveals self-employment income, Schedule E reveals rental income, Schedule D reveals investment gains
• 🏠 Property deeds and mortgage statements for all real property — confirms ownership, equity, and lien positions
• 🚗 Vehicle titles and registration documents — verifies ownership, loan balances, and vehicle values
• 🏢 Business records including profit/loss statements, bank statements, and tax returns — essential for business debtor exams
• 📈 Investment account statements for all brokerage and retirement accounts — identifies non-exempt investment assets
• 📋 Loan documents for any outstanding debts owed to or by the debtor — helps identify who owes the debtor money (potential levy targets)
• 💳 Credit card statements for the past 6 months — reveals spending patterns that may contradict claims of poverty
• 🏥 Insurance policies (life insurance with cash value, annuities) — identifies potential non-exempt financial assets
• 📱 Digital payment records (Venmo, PayPal, Cash App, Zelle) — increasingly important as debtors move money through digital platforms

📝 Written Interrogatories — A Complement to In-Person Exams

In many states, you can also serve written interrogatories (written questions the debtor must answer under oath in writing) as part of post-judgment discovery. These can be used in combination with or as an alternative to in-person examinations. Written interrogatories are particularly useful for getting detailed financial information that the debtor needs time to compile—like comprehensive lists of all bank accounts they’ve held in the past 3 years, or complete records of every asset transfer since the judgment was entered.

The drawback is that debtors have more time to craft evasive answers, and you can’t ask immediate follow-up questions. For this reason, we recommend using written interrogatories to gather baseline data before the in-person examination, then using the exam to probe inconsistencies and dig deeper into areas the written answers revealed.

🗺️ State-Specific Procedure Differences

While the core concept of debtor examinations is the same everywhere, procedural details vary significantly by state. Here are some key differences to be aware of:

• ⏱️ Frequency limits: California allows exams every 120 days. New York allows them every 60 days after the first. Some states have no specific frequency limit but require “good cause” for repeated exams.
• 📍 Location: Some states require the exam at the courthouse. Others allow exams at an attorney’s office. Some permit remote video examinations (increasingly common since COVID-19).
• ⚖️ Who presides: In some states, a judge presides over the exam. In others, a court referee or commissioner conducts it. In some jurisdictions, the exam is conducted by the creditor’s attorney with no judicial officer present (similar to a deposition).
• 📄 Filing requirements: Some states require a formal motion. Others simply require filing an application with the court clerk. Know your state’s specific form requirements to avoid procedural delays.
• 👮 Service requirements: Personal service is required in most states, but some allow service by certified mail or even electronic service in certain circumstances.

For state-specific judgment collection procedures including debtor examination rules, visit our comprehensive judgment collection by state guide.

If the debtor was properly served and fails to appear at the scheduled examination, the court has the authority to take serious action. This is one of the most powerful features of the debtor examination—it has real teeth behind it: ⚖️

• 🚔 Bench warrant: The court can issue a bench warrant for the debtor’s arrest for contempt of court. Law enforcement can then arrest the debtor and bring them before the court.
• 💰 Monetary sanctions: The judge can order the debtor to pay your costs for the failed hearing, including filing fees, attorney fees, and service costs.
• 📅 Rescheduled hearing with consequences: The court typically reschedules the hearing and warns that failure to appear will result in arrest.
• ⚖️ Body attachment: In some jurisdictions, the court can issue an “order for body attachment” (essentially a civil arrest warrant) to ensure the debtor appears.

If you can’t find the debtor to serve them in the first place, our skip tracing services can locate them. We find debtors who have moved to new addresses, changed their names, or are actively trying not to be found. Results delivered in 24 hours or less.

🏃 Dealing with Service-Evading Debtors

Some debtors deliberately avoid service by never answering the door, having family members claim they’ve moved, or constantly changing addresses. If standard personal service isn’t working, you may have several alternatives depending on your state:

• 📍 Service at workplace: If you know where the debtor works, have the process server serve them there. It’s much harder to avoid service at a job. Our employer location service can identify the debtor’s current workplace.
• 👤 Substituted service: Many states allow “substitute service” where the process server leaves the documents with another adult at the debtor’s residence and mails a copy. See our substituted service guide for state-specific rules.
• 📧 Service by publication: As a last resort, some states allow service through publication in a newspaper. This is expensive and slow but may be necessary for truly evasive debtors.
• 🔍 Skip trace first: Before burning money on repeated service attempts at a wrong address, invest in a professional skip trace to confirm the debtor’s current address, phone, and workplace. This is far more cost-effective than sending a process server to an empty apartment.

The debtor’s evasion itself can work in your favor. Judges take a dim view of debtors who actively dodge service, and may grant harsher sanctions or be more willing to issue arrest warrants when it’s clear the debtor is deliberately avoiding the examination.

The debtor examination isn’t the end—it’s the beginning of your enforcement campaign. The information you’ve gathered under oath becomes your roadmap for collection. Here’s your post-exam action plan: 🗺️

• 🏦 Immediately file bank levies: If the debtor disclosed bank accounts with balances, file a writ of execution and levy those accounts as soon as possible—ideally the same day. The debtor may try to empty accounts after the exam.
• 💼 Start wage garnishment: If the debtor is employed, initiate wage garnishment at their employer immediately.
• 🏠 Record property liens: If the debtor owns real property, record an abstract of judgment in every county where they own property.
• 🔍 Investigate inconsistencies: If the debtor’s answers didn’t match what you already know from your asset search, investigate further. Inconsistencies may indicate hidden assets or fraudulent transfers. Look for warning signs the debtor is hiding assets.
• 📅 Calendar the next exam: Mark your calendar for the earliest date you can schedule another examination (typically 120-180 days). The debtor’s financial situation may change, and repeated examinations keep the pressure on. Don’t let your judgment expire before you’ve collected.
• 🏢 Pursue business assets: If the debtor owns a business, consider a keeper levy or a levy on business bank accounts. See our guide on collecting from businesses. If the debtor is using an LLC as a shield, explore alter ego liability.
• 🚗 Target vehicles and property: If the exam revealed vehicles, order a vehicle asset search to confirm values and loan balances. For any real property disclosed, record a judgment lien and run a property search to verify equity.
• 💰 Calculate the full amount owed: Include post-judgment interest in all collection calculations. Your judgment grows daily while the debtor delays, and you’re entitled to every penny of accrued interest.
• 📋 Preserve the transcript: Get a copy of the examination transcript. This sworn testimony can be used as evidence in future proceedings, including motions for contempt if the debtor transfers assets they disclosed.

After 20+ years helping creditors locate debtors and uncover assets, here are our top tips for getting the most out of your debtor examination: 🏆

• 🔍 Know more than the debtor thinks you know. Run an asset search before the exam so you can verify answers in real time. When a debtor says they don’t have a bank account and you’re holding a report that shows accounts at three banks, the dynamic shifts dramatically.
• 📝 Prepare an organized question outline. Don’t wing it. Have your questions written out by category and check them off as you go. See our preparation guide for a complete framework.
• 🤫 Start easy, then dig deep. Begin with simple questions (name, address, date of birth) to establish a rhythm, then gradually move into sensitive financial topics. This builds momentum and makes it harder for the debtor to suddenly become evasive.
• 🔄 Ask the same question different ways. If a debtor says they have no bank accounts, later ask “How do you pay your bills?” and “Where does your employer deposit your paycheck?” Inconsistent answers reveal deception.
• 📋 Bring all your evidence. Have copies of your asset search results, any prior court filings, the original judgment, and any correspondence with the debtor. Being thoroughly prepared communicates to the debtor and the court that you’re serious.
• ⚡ Have your enforcement documents ready to file. Pre-prepare your writ of execution and levy instructions so you can file them immediately after the exam.
• 👥 Consider bringing an attorney. For large judgments or evasive debtors, a collections attorney who does this regularly will know exactly how to handle objections, evasion, and follow-up questions. Compare the options in our guide to DIY vs. professional judgment collection.
• 📊 Don’t forget digital assets. Ask about cryptocurrency, digital payment platforms (Venmo, PayPal, Cash App, Zelle), online savings accounts, and any other digital financial tools the debtor uses. A social media investigation may reveal spending patterns that contradict claims of poverty.

🏢 Examining Business Debtors — Special Considerations

When the judgment debtor owns a business or the judgment is against a business entity, the debtor examination takes on additional dimensions. You’ll want to explore not just personal finances but also the financial relationship between the debtor and their business. Key areas to probe include:

• 🏢 Entity structure: Is the business a sole proprietorship, LLC, corporation, or partnership? The entity type determines how assets can be reached and whether personal and business assets are legally separate.
• 💰 Owner compensation: How much does the debtor take from the business? Ask about salary, draws, distributions, reimbursed expenses, company vehicles, and other perks. These are all potential targets for garnishment or levy.
• 🏦 Business bank accounts: Get the names of every bank where the business holds accounts. If the judgment is against the business directly, these accounts can be levied. If the judgment is personal, the debtor’s draws from these accounts can be intercepted.
• 📊 Accounts receivable: Who owes the business money? Major clients and customers who pay the debtor’s business can be served with levies directing them to pay you instead of the debtor.
• 🏗️ Business assets: Equipment, vehicles, inventory, intellectual property, and commercial real estate owned by the business. For a judgment against the business entity, these are all fair game.
• 🔄 Related entities: Does the debtor have multiple businesses? Are there parent companies, subsidiaries, or related entities that assets flow between? This is where fraudulent transfer investigations often begin.

Our business asset search can reveal corporate structures, registered agents, business bank relationships, and other intelligence that strengthens your examination. Learn more in our detailed guide on how to collect a judgment against a business.

🔄 Conducting Repeat Examinations

One examination is rarely enough. People’s financial situations change constantly—they get new jobs, receive windfalls, buy property, start businesses, or come into inheritances. Most states allow you to schedule repeat examinations every 120-180 days, and taking advantage of this right is one of the smartest things you can do as a judgment creditor.

Here’s why repeat examinations matter:

• 💼 New employment: A debtor who was unemployed at the first exam may now have a job—making them eligible for wage garnishment.
• 🏠 Property changes: The debtor may have purchased real estate, received an inheritance, or had property transferred to them. Your judgment lien can now attach to these new assets.
• 🏦 New bank accounts: Debtors who closed accounts to avoid your first levy often open new ones. A follow-up exam reveals the new account details.
• 🏢 Business changes: A debtor who was struggling may now have a thriving business with substantial revenue available for collection.
• 💪 Continued pressure: Regular examinations send a clear message that you’re not going away. Many debtors eventually agree to payment plans simply to stop the process.

Mark your calendar for the earliest date you can schedule your next examination and keep the cycle going until the judgment is satisfied. Remember, the cost of not collecting your judgment grows every year. If the debtor files for bankruptcy between exams, see our guide to investigating debtors in bankruptcy to understand how it affects your collection rights. If they’ve moved out of state, you may need to domesticate your judgment and use our out-of-state debtor location services before scheduling the next exam in their new jurisdiction.