📋 How to Prepare for a Debtor Examination

📊 What Is a Debtor Examination and Why Is It So Powerful?

A debtor examination (also called a judgment debtor examination, supplemental proceedings, order to appear for examination, or citation to discover assets) is a court-ordered proceeding in which a judgment debtor is compelled to appear and answer questions under oath about their income, assets, bank accounts, property, employment, and overall financial condition. It is one of the most powerful tools available for judgment collection because it forces the debtor to disclose information they would never voluntarily reveal. 📊

The debtor examination is powerful precisely because the debtor has no choice — they must appear (or face contempt of court), they must answer truthfully (they are under oath, and perjury is a crime), and they must answer comprehensively (the scope of questioning in supplemental proceedings is extremely broad). This proceeding legally compels the debtor to hand you the roadmap to their assets. ⚖️

However, a debtor examination is only as productive as your preparation. Walking in with generic questions produces generic answers — and experienced debtors know how to give evasive, technically truthful answers that reveal as little as possible. Walking in with targeted, intelligence-driven questions based on pre-examination research produces specific, actionable information that leads directly to bank levies, wage garnishments, and property liens. This guide shows you how to prepare for the latter. 🎯

🎯 Why Preparation Makes or Breaks the Examination

Preparation matters because you are essentially conducting a cross-examination of a hostile witness who has every incentive to minimize, hide, and obfuscate their financial information. The debtor knows that every dollar they reveal is a dollar you might seize. Without preparation, you are at a disadvantage — the debtor knows their own finances, and you do not. With preparation, you level the playing field: 🎯

📌 You already know (or suspect) where their assets are. When you ask about bank accounts and you already have evidence from a skip trace or asset search that they own property in another county, you can test their truthfulness and follow up on evasive answers.

📌 You can catch lies and omissions. If the debtor says “I don’t own any vehicles” and your pre-examination vehicle search shows two registered vehicles, you know they are lying under oath — which has consequences and creates leverage.

📌 You can ask targeted follow-up questions. Generic question: “Do you own any real estate?” Prepared question: “I’m going to ask you about the property at 123 Oak Street, which county records show was transferred to your sister two months after the judgment was entered. Tell me about that transfer.” The second question produces real answers.

📌 You control the pace and direction. Prepared examiners move efficiently through their questions, leaving no time for the debtor to stall or run out the clock. Unprepared examiners fumble, repeat themselves, and let the debtor control the narrative.

🔍 Pre-Examination Investigation — The Foundation

Before the examination, invest in a thorough investigation of the debtor’s financial picture. The information you gather becomes the backbone of your question list: 🔍

❓ Essential Questions to Ask in the Examination

Organize your questions into categories covering every aspect of the debtor’s financial life. Here are the essential areas and sample questions: ❓

💰 Employment and Income

📌 Who is your current employer? What is the employer’s full legal name and address? What is your job title? How long have you worked there? What is your gross monthly income? What is your net monthly income after deductions? Do you receive any bonuses, commissions, or overtime? Do you have any other sources of income — side jobs, freelance work, rental income, investment income, alimony, child support, government benefits? Have you changed employers in the last two years? If so, where did you work previously?

🏦 Bank Accounts and Financial Accounts

📌 List every bank account in which you have any interest — checking, savings, money market, CDs. For each account: what is the bank name, branch address, account number, and current balance? Do you have any accounts at credit unions? Do you have any brokerage or investment accounts? Cryptocurrency accounts? PayPal, Venmo, Cash App, or other digital payment accounts? Safety deposit boxes? Have you closed any accounts in the last two years? If so, where were the funds transferred?

🏠 Real Property

📌 Do you own any real property anywhere — houses, condos, land, commercial buildings? Owned individually or through any entity (LLC, trust, partnership)? What is the current market value and mortgage balance for each property? Have you transferred, sold, gifted, or conveyed any real property in the last four years? Do you have any interest in property owned by family members, friends, or business associates?

🚗 Personal Property and Vehicles

📌 What vehicles do you own or lease — cars, trucks, motorcycles, boats, RVs, aircraft? For each: make, model, year, and estimated value? Do you own any jewelry, art, collectibles, or other valuable personal property? Any firearms? Electronics or equipment with significant value? Tools, machinery, or professional equipment?

🏢 Business Interests

📌 Do you own any interest in any business — LLC, corporation, partnership, sole proprietorship? What is the nature of each business? What is your ownership percentage? What is the business’s gross revenue and your income from it? Does the business have separate bank accounts? Who are the other owners or partners? Have you transferred any business interests in the last four years?

💳 Debts and Obligations

📌 What debts do you owe — mortgages, car loans, credit cards, personal loans, student loans, tax debts? What are your monthly debt payments? Do you owe money to any family members or friends? Have you recently taken on any new debts? Are you current on all payments or delinquent on any?

📊 Monthly Expenses

📌 What is your monthly rent or mortgage payment? What are your monthly expenses for utilities, food, transportation, insurance, childcare, medical, and other necessities? Do you pay for any subscriptions, memberships, or luxury services? What is the total of your monthly expenses versus your monthly income?

📄 Documents to Request in Advance

Many jurisdictions allow you to include a document production request with the examination order. Request these documents to appear at the examination: 📄

🎯 Advanced Examination Strategies

Beyond the standard questions, these strategies maximize the value of your debtor examination: 🎯

📌 Start with what you already know. Ask questions you already know the answer to first. This serves two purposes: it establishes a baseline for the debtor’s truthfulness, and it signals to the debtor that you have done your homework. When they see that you already know about their property on Oak Street, they realize that lying about other assets is risky.

📌 Follow the money trail. When the debtor discloses income, trace where it goes. If they earn $6,000/month but their disclosed expenses total $4,000, where is the other $2,000? This “gap analysis” reveals hidden savings, undisclosed accounts, or unreported expenses that point to additional assets.

📌 Ask about recent transfers. Fraudulent conveyances are transfers made to put assets beyond creditors’ reach. Ask about every transfer of property, money, or business interests in the last four years (or longer if your state allows). Pay special attention to transfers to family members, transfers for less than fair market value, and transfers made after the judgment was entered.

📌 Explore the debtor’s lifestyle. Social media posts showing vacations, restaurant meals, new electronics, and luxury purchases contradict claims of poverty. Bring printed screenshots to the examination. “You testified that you have no disposable income, but this Instagram post from last month shows you at a resort in Cabo. Who paid for that trip?”

📌 Ask about future income. Many debtors have expected future income — pending insurance claims, expected inheritances, tax refunds, contract payments, or retirement distributions. These future income streams can sometimes be assigned to satisfy the judgment through a court assignment order.

📊 What to Do After the Examination

🛡️ Common Debtor Tactics and How to Counter Them

❓ Frequently Asked Questions

📚 Related Judgment Collection Resources