📋 Debtor Examination Questions to Ask: Complete 2026 Guide
The Essential Question List for Judgment Debtor Examinations (Supplemental Proceedings)
⚡ Your Most Powerful Discovery Tool
A debtor examination — also called a judgment debtor exam, supplemental proceedings, or order to appear for examination — is a court-ordered proceeding where the judgment debtor must appear and answer questions about their income, assets, employment, and financial situation under oath. The debtor has no right to refuse and no right to remain silent. If they lie, they commit perjury. If they fail to appear, the court can issue a bench warrant for their arrest. This guide provides the exact questions to ask to uncover every asset and income source available for collecting your judgment.
💡 Why This Matters: Most judgment creditors who fail to collect do so because they do not know what the debtor has — not because the debtor has nothing. A debtor examination under oath forces the debtor to reveal their employer (for wage garnishment), bank accounts (for bank levies), real estate (for property liens), vehicles, and other assets. The information you gather in one hour-long examination can fuel months or years of effective enforcement action.
📋 What This Guide Covers
- How to Schedule a Debtor Exam
- Employment and Income Questions
- Banking and Financial Account Questions
- Real Estate and Property Questions
- Vehicle and Personal Property Questions
- Business Ownership Questions
- Other Income and Assets Questions
- Asset Transfer Questions
- Monthly Expense Questions
- Strategic Examination Tips
- What If the Debtor Fails to Appear
- What to Do After the Examination
- Frequently Asked Questions
📅 How to Schedule a Debtor Examination
The process for scheduling a debtor examination varies by state, but the general framework is similar across most jurisdictions. You must have a valid, enforceable judgment. Most states require a waiting period after the judgment (typically 30 days) before you can request a debtor examination. Here is the typical process.
Step 1: File Application With the Court
File a motion or application for order to appear for examination with the court that entered the judgment. Most courts have standardized forms for this. Include the case number, judgment amount, and the debtor\’s name and address.
Step 2: Court Issues Order
The court issues an order directing the debtor to appear at a specific date, time, and location for examination. The order specifies that failure to appear may result in contempt of court and arrest.
Step 3: Serve the Order on the Debtor
The order must be personally served on the debtor, typically by a process server or sheriff. This requires a current verified address. If you cannot locate the debtor, a skip trace provides their current address in 24 hours or less.
Step 4: Prepare Your Questions
Before the hearing, organize your questions by category (employment, banking, property, vehicles, etc.) and bring copies of any documents you want to reference. The more prepared you are, the more productive the examination.
Step 5: Conduct the Examination
At the hearing, the debtor is sworn in and you ask questions. The debtor must answer truthfully under oath. You are entitled to ask about any asset, income source, or financial matter relevant to collecting the judgment.
💼 Employment and Income Questions
Employment information is critical because it enables wage garnishment — the most reliable ongoing collection method. Get complete details about every source of earned income.
❓ Q1: Are you currently employed?
Start with the basic question. If yes, proceed to get full details. If no, ask about the last employment and any current income sources.
❓ Q2: What is the name and address of your current employer?
Get the complete legal business name and physical address. This is required to serve a garnishment writ on the employer.
❓ Q3: What is your job title and what are your duties?
Understanding their role helps assess income level and stability. Management and skilled positions suggest higher earning potential and job stability.
❓ Q4: How much do you earn per pay period, and how often are you paid?
Get the specific dollar amount per paycheck and the pay frequency (weekly, biweekly, semimonthly, monthly). This determines the garnishment amount.
❓ Q5: Do you receive any commissions, bonuses, overtime, or tips in addition to your base pay?
Variable compensation is also subject to garnishment. Commissions and bonuses can represent a significant portion of total income that the debtor might not volunteer without being asked.
❓ Q6: Do you have any other jobs or sources of earned income, including freelance work, side jobs, gig work, or self-employment income?
Many debtors have additional income from second jobs, independent contractor work (Uber, DoorDash, freelancing), or side businesses that they do not disclose unless specifically asked. Each additional income source may be garnishable.
❓ Q7: How long have you worked for your current employer?
Longer tenure suggests job stability and reduces the risk that the debtor will leave employment to avoid garnishment.
🏦 Banking and Financial Account Questions
Bank account information enables bank levies — a one-time seizure of funds in the debtor\’s bank account, up to the judgment amount. Bank levies are particularly effective for capturing lump-sum deposits like tax refunds, bonus payments, insurance settlements, and other large incoming funds.
❓ Q8: Do you have any checking accounts? At which banks and what are the account numbers?
Get the bank name, branch location, and full account number for every checking account.
❓ Q9: Do you have any savings accounts, money market accounts, or certificates of deposit?
Same details — bank name and account numbers. CDs may represent substantial stored value.
❓ Q10: What is the current approximate balance in each account?
This helps you assess whether a bank levy is worthwhile and which account to target first.
❓ Q11: Do you have any accounts at credit unions, online banks, or payment platforms like PayPal, Venmo, Cash App, or Zelle?
Modern debtors frequently use digital payment platforms to store and move money. Funds held in PayPal, Venmo, and similar digital payment platforms may be reachable through levy or garnishment depending on the specific jurisdiction and the platform\’s policies. These digital payment platform accounts are frequently overlooked by creditors who only think to ask about traditional banks and credit unions.
❓ Q12: Do you have any retirement accounts, 401(k) accounts, IRA accounts, or pension benefits?
While ERISA-qualified retirement accounts are generally exempt from creditor garnishment, asking about them maps the debtor\’s full financial picture and identifies potential future income sources when distributions begin. See property exemptions by state.
❓ Q13: Do you have any investment accounts, brokerage accounts, stocks, bonds, cryptocurrency, or mutual fund accounts?
Non-retirement investment accounts are generally reachable through levy. Cryptocurrency holdings are an increasingly common asset class that many debtors forget to disclose unless specifically asked.
🏠 Real Estate and Property Questions
Real estate is often a debtor\’s most valuable asset and can be reached through judgment liens, which attach to the property and must be satisfied when the property is sold or refinanced.
❓ Q14: Do you own any real estate, including your primary residence, rental properties, vacation homes, vacant land, or commercial property?
Cover all categories. Debtors sometimes forget to mention vacant land, partial interests in properties, or out-of-state holdings.
❓ Q15: For each property: What is the address, approximate current market value, and the remaining mortgage balance?
The equity (market value minus mortgage) determines how much value is available for lien enforcement. See finding property ownership.
❓ Q16: Is any property held jointly with a spouse, family member, or other person?
Joint ownership affects lien enforcement. The details of how title is held (joint tenancy, tenancy in common, community property) determine your rights as a lien creditor.
❓ Q17: Have you transferred, sold, gifted, or conveyed any interest in real estate within the past five years?
Recent property transfers may be fraudulent conveyances — transfers made to put assets beyond creditor reach. Courts can reverse fraudulent transfers and make the property available for judgment enforcement.
🚗 Vehicle and Personal Property Questions
❓ Q18: Do you own, lease, or have registered in your name any vehicles — including cars, trucks, motorcycles, boats, RVs, or trailers?
Get the year, make, model, and approximate value of each vehicle. Also ask about any liens or loans against the vehicles. Vehicles with equity above the state exemption amount can potentially be seized and sold.
❓ Q19: Do you own any valuable personal property such as jewelry, artwork, collectibles, electronics, tools, equipment, or firearms with a value over $500?
While most states exempt basic household goods, expensive personal property above exemption limits may be seizable. Items like valuable jewelry collections, professional equipment, art, and collectibles can represent significant value.
❓ Q20: Do you own or have any interest in any storage units or property stored at another location?
Debtors sometimes move valuable property to storage units or relatives\’ homes to keep it “out of sight.” Asking specifically about storage locations and off-site property can reveal hidden assets.
🏢 Business Ownership Questions
If the debtor owns a business, the business itself and its assets may be reachable for judgment enforcement, and the debtor\’s ownership interest in the business is an asset that can be levied.
❓ Q21: Do you own or have any ownership interest in any business — including LLCs, corporations, partnerships, sole proprietorships, or DBA filings?
Cover all entity types. See finding business ownership.
❓ Q22: If yes, what is the business name, type of entity, and your percentage of ownership?
Full or partial ownership interests have value. Even a minority ownership interest can be reached through a charging order in most states.
❓ Q23: Does the business have any accounts receivable — money owed to the business by customers or clients?
Accounts receivable are garnishable. If the debtor\’s business is owed money by others, you can garnish those payments before they reach the debtor.
❓ Q24: Does the business own any equipment, inventory, vehicles, or other assets?
Business assets of a sole proprietorship are the owner\’s personal assets. For LLCs and corporations, the debtor\’s ownership interest itself is the seizable asset.
💵 Other Income and Assets Questions
❓ Q25: Do you receive any income from sources other than employment — including rental income, royalties, investment dividends, trust distributions, alimony, or pension payments?
Non-employment income is often garnishable and may represent significant ongoing value that the debtor does not volunteer without direct questioning.
❓ Q26: Are you owed money by any person or entity — including loans you made to others, pending insurance claims, pending lawsuits, tax refunds, or inheritance expectations?
Money owed to the debtor is an asset. Pending insurance settlements, expected tax refunds, and anticipated inheritance are all reachable in some form depending on jurisdiction and timing.
❓ Q27: Do you have any life insurance policies with a cash value?
Whole life and universal life insurance policies accumulate cash value that is reachable by creditors in many states. Term life policies have no cash value and are not relevant to collection.
❓ Q28: Do you have any safety deposit boxes? If so, at which bank and what are the contents?
Safety deposit boxes may contain cash, jewelry, precious metals, important documents, and other valuables. The contents are reachable through a court-ordered levy.
🔄 Asset Transfer Questions (Fraudulent Conveyance)
Some debtors try to hide assets by transferring them to family members, friends, or entities they control. These transfers may be voidable as fraudulent conveyances under state law if they were made to avoid paying the judgment.
❓ Q29: Have you sold, given away, transferred, or conveyed any property, assets, or money to any person or entity in the past two years?
Cast a wide net first. Note any transfers and get complete details including the recipient, the date of transfer, the consideration received, and the reason for the transfer.
❓ Q30: Have you transferred any assets to your spouse, children, parents, siblings, or other family members in the past two years?
Family transfers are the most common form of fraudulent conveyance. Transferring a car title to a spouse or deeding a house to a parent for nominal consideration raises immediate red flags.
❓ Q31: Have you created any trusts, transferred assets into trusts, or made yourself the beneficiary of any trust in the past five years?
Self-settled trusts (trusts created by the debtor for their own benefit) are generally reachable by creditors. Asset protection trusts created after the debt arose are particularly vulnerable to challenge.
📊 Monthly Expense Questions
Understanding the debtor\’s monthly expenses serves two important purposes. First, it reveals whether they have disposable income to pay the judgment voluntarily through a negotiated payment plan, which can sometimes be faster and less adversarial than enforcement through garnishment. Second, and more importantly strategically, expense questions may expose hidden assets or undisclosed income. If the debtor\’s disclosed expenses significantly exceed their disclosed income, they have hidden income sources that need to be uncovered through follow-up questioning.
❓ Q32: What is your monthly rent or mortgage payment?
If they claim they cannot pay the judgment but are paying $3,000 per month in rent or mortgage, that tells you they have significant income that can be garnished. A high housing payment contradicts claims of poverty and strengthens your case for aggressive garnishment.
❓ Q33: What are your monthly payments for car loans, credit cards, personal loans, student loans, and other debts?
This reveals other creditors and gives you a complete picture of the debtor\’s financial obligations. It also reveals whether the debtor is making payments to other creditors while ignoring your judgment — which undermines any hardship claim they may raise against your garnishment.
❓ Q34: What are your approximate monthly expenses for utilities, insurance, food, transportation, and other regular costs?
If total disclosed expenses significantly exceed disclosed income, the debtor has undisclosed income sources. For example, a debtor who claims to earn $2,500 per month but has monthly expenses totaling $4,000 clearly has income they are not disclosing. This inconsistency should be flagged and explored with pointed follow-up questions.
❓ Q35: Are any of your expenses paid by another person, such as a spouse, partner, parent, or friend?
Some debtors minimize their apparent income by having others pay certain bills directly. If a spouse pays the mortgage and a parent pays the car insurance, the debtor\’s entire disclosed income is effectively disposable — all subject to garnishment calculation.
💳 Credit and Debt Questions
Questions about the debtor\’s existing debts and credit activity reveal financial behavior patterns and may uncover assets or income sources that the debtor failed to disclose in earlier questions.
❓ Q36: Do you have any active credit cards? Which banks issued them, and what are the current balances and credit limits?
Active credit cards with high limits suggest the debtor has better creditworthiness — and likely more income and assets — than they may have disclosed. The banks identified may also hold checking or savings accounts.
❓ Q37: Have you applied for any new credit, loans, or financing within the past year?
Recent credit applications suggest financial activity and may reveal assets purchased on credit (such as vehicles, furniture, or electronics) that the debtor did not disclose. Credit applications also indicate the debtor reported a specific income level to the lender — if that reported income is higher than what they disclosed in the examination, you have evidence of inconsistency.
❓ Q38: Have you filed for bankruptcy in the past, and if so, when and what chapter?
Prior bankruptcy filing history affects your enforcement options. A recent bankruptcy discharge may have eliminated certain debts, and a debtor who is considering filing bankruptcy may have different motivations in the examination. Understanding their bankruptcy history helps you plan your enforcement strategy appropriately.
👨👩👧 Spouse and Household Questions
Questions about the debtor\’s household situation reveal important information about joint assets, community property (in community property states), and the debtor\’s true financial picture including resources available through their household unit.
❓ Q39: Are you married? What is your spouse\’s full name and employer?
In community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin), community property may be reachable to satisfy one spouse\’s debts. Even in non-community property states, knowing the spouse\’s employment helps you understand the household\’s total financial resources and may reveal jointly held assets.
❓ Q40: Does your spouse have separate bank accounts, and do you have access to any accounts in your spouse\’s name?
If the debtor has signatory authority on their spouse\’s accounts, those accounts may be reachable for levy depending on state law. Funds commingled in joint accounts are generally reachable regardless of which spouse deposited the money.
❓ Q41: Who else lives in your household, and do any of them contribute to household expenses?
Adult children or other household members who contribute to expenses reduce the debtor\’s actual living costs, increasing the portion of their income that is effectively disposable and available for judgment satisfaction.
📋 Government Benefits and Tax Questions
❓ Q42: Did you file a federal income tax return last year, and are you expecting a tax refund this year?
Tax refunds are seizable assets. If the debtor expects a refund, you can potentially intercept it through a bank levy timed to when the refund is deposited. Knowing the debtor filed taxes also confirms they had income for that tax year — if they did not disclose the same income during the examination, you have an inconsistency to explore.
❓ Q43: Do you receive any government benefits — including Social Security, SSI, SSDI, VA benefits, unemployment, workers\’ compensation, or public assistance?
These income sources are generally exempt from garnishment for ordinary debts, but asking about them completes the financial picture and helps you determine which enforcement tools are appropriate. If the debtor\’s only income is from exempt sources, you may need to focus on asset-based enforcement rather than income garnishment.
🎯 Strategic Examination Tips
✅ Tip 1: Do Your Research Before the Examination. Order a skip trace and asset search before the examination so you know what assets the debtor should have. When you already know about a property or vehicle, you can test the debtor\’s honesty by asking questions you already know the answers to. If they omit assets you know they have, you have evidence of deception that strengthens your position and may support a perjury or contempt motion.
✅ Tip 2: Bring Documentation. Bring copies of the judgment, your accounting of the balance owed, and any skip trace or asset search results. Having documentation at hand allows you to challenge evasive answers with specific facts.
✅ Tip 3: Request Document Production. Many states allow you to request that the debtor bring specific documents to the examination — recent pay stubs, bank statements, tax returns, vehicle registrations, and property deeds. These documents confirm or contradict the debtor\’s verbal answers and provide account numbers and other specific information needed for enforcement.
✅ Tip 4: Ask Open-Ended Follow-Up Questions. After each major answer, ask “Is there anything else?” or “Are there any other accounts, properties, or income sources you have not mentioned?” This catches assets the debtor hopes to avoid disclosing by not volunteering information beyond the literal scope of the question asked.
✅ Tip 5: Take Detailed Notes. Record every answer carefully, including account numbers, employer addresses, property descriptions, and dollar amounts. These notes become the foundation for all subsequent enforcement actions. If your jurisdiction allows it, request that the proceedings be recorded or transcribed.
🚨 What If the Debtor Fails to Appear
If the debtor was properly served with the court order to appear and fails to show up for the examination, you have powerful legal remedies that escalate quickly. File a motion for contempt of court with the court that issued the order. The court can issue a bench warrant for the debtor\’s arrest, compel them to appear at a rescheduled examination, and impose sanctions including fines and even jail time for civil contempt. The threat of arrest is extremely motivating — most debtors who are arrested on a bench warrant or learn that one has been issued quickly become cooperative about both appearing for the examination and paying the judgment.
Before the debtor can be held in contempt, you must be able to prove valid service of the examination order. This is why personal service through a process server or sheriff is absolutely critical — it creates a proof of service document with the server\’s sworn statement that the debtor was personally handed the order. If the debtor claims they never received the order but you have a proof of service from a licensed process server documenting the date, time, location, and physical description of the person served, the court will reject the debtor\’s claim and proceed with contempt proceedings.
In some jurisdictions, you can also request that the court impose monetary sanctions for the debtor\’s failure to appear — requiring them to reimburse your costs including the service fee, filing fee, and any attorney fees you incurred in connection with the missed examination. These costs are added to the judgment balance and increase the total amount you can collect through enforcement. See our full guide on contempt of court for judgment collection.
📝 Pre-Examination Preparation Checklist
Walking into a debtor examination fully prepared is the difference between gathering useful, actionable intelligence and conducting a disorganized session that misses critical assets and income sources. Here is the complete preparation checklist to ensure you maximize the value of every examination.
- Order a skip trace and asset search: Get current employer, address, property ownership, vehicle records, and business ownership data from People Locator before the examination so you know what questions to ask and can verify the debtor\’s answers in real time
- Run a property search: Check county assessor records in every county where the debtor may own property to identify real estate holdings they should disclose during the examination
- Check business registrations: Search the Secretary of State website in relevant states for any businesses registered to the debtor\’s name
- Review the judgment file: Know the exact judgment amount, date entered, applicable interest rate, and any prior collection efforts you have made
- Prepare a payment accounting: Calculate the current total owed including post-judgment interest so you can state the exact amount during the examination
- Print your question list: Bring a printed copy of all questions organized by category with space to write the debtor\’s answers alongside each question
- Request document production: If your jurisdiction allows it, include a document subpoena requiring the debtor to bring pay stubs, bank statements, tax returns, and title documents
- Bring two copies of everything: Bring copies of the judgment, your accounting, and any other documents you may want to reference or show to the debtor during the examination
📋 What to Do After the Examination
The information you gather during the debtor examination should translate immediately into enforcement action. Here is the priority sequence for converting examination results into collected money.
🎯 Post-Examination Action Priority
| Priority | Action | Information Needed |
|---|---|---|
| 1️⃣ | File Wage Garnishment | Employer name and address from Q2 |
| 2️⃣ | Execute Bank Levy | Bank names and account numbers from Q8-Q11 |
| 3️⃣ | Record Property Lien | Property addresses from Q14-Q15 |
| 4️⃣ | Levy on Vehicles | Vehicle details from Q18 |
| 5️⃣ | Garnish Business Income | Business details from Q21-Q23 |
| 6️⃣ | Challenge Fraudulent Transfers | Transfer details from Q29-Q31 |
For maximum effectiveness, pursue multiple enforcement actions simultaneously rather than sequentially. File the wage garnishment and bank levy at the same time rather than waiting to see if garnishment alone is sufficient. Record property liens in every county where the debtor owns real estate on the same day you receive the examination results. The combination of multiple enforcement tools running in parallel puts maximum pressure on the debtor and maximizes both the speed and total amount of your collection. Many debtors who ignore a single garnishment become extremely motivated to negotiate a settlement when they discover that their wages are being garnished, their bank accounts are being levied, and liens are being recorded against their property all at the same time. See our complete judgment collection guide for the full multi-pronged enforcement strategy.
❓ Frequently Asked Questions
🤔 Can I conduct a debtor examination without a lawyer?
Yes. In most jurisdictions, a judgment creditor can conduct a debtor examination without an attorney. The process is designed to be accessible to self-represented individuals, especially in small claims court where attorneys are sometimes not even permitted. The court clerk can provide the necessary forms and procedural guidance for scheduling and conducting the examination. However, for complex cases involving significant assets, business ownership, suspected fraudulent transfers, or debtors who are represented by their own attorney, hiring an attorney can be valuable for crafting effective follow-up questions and navigating legal complexities that may arise during the examination.
🤔 How many times can I schedule a debtor examination?
Most states allow you to schedule debtor examinations periodically — typically every 120 to 180 days, depending on the jurisdiction. This is valuable because a debtor\’s financial situation changes over time. They may start a new job, receive an inheritance, purchase property, or acquire other assets between examinations. Scheduling regular examinations keeps the pressure on the debtor and ensures you capture new collection opportunities as they arise. Each examination builds on the information from previous ones, creating an increasingly complete financial picture.
🤔 What if the debtor lies during the examination?
The debtor is under oath during the entire examination, and lying constitutes perjury — a criminal offense in every state. If you discover that the debtor lied during the examination (for example, they denied owning property but a title search reveals they have a deed in their name, or they denied having bank accounts but you have evidence of active accounts), you can file a motion for sanctions with the court, report the perjury to the judge or prosecutor, and seek additional remedies including contempt proceedings. This is precisely why doing your own research with a skip trace and asset search before the examination is so strategically important — when you already know what they should disclose, you can identify lies and omissions in real time.
🤔 Can the debtor bring a lawyer to the examination?
Yes, the debtor has the right to have an attorney present during the examination. The attorney may advise the debtor on privilege issues and help them understand which questions they must answer. However, the attorney cannot instruct the debtor to refuse to answer legitimate questions about assets, income, employment, and financial matters that are relevant to collecting the judgment. If the debtor\’s attorney obstructs the examination by making frivolous objections or advising blanket refusals, you can ask the court to intervene and compel specific answers.
🤔 What documents should I ask the debtor to bring?
Many jurisdictions allow you to include a document production request with the examination order, requiring the debtor to bring specific financial documents. The most valuable documents to request include: the debtor\’s two most recent consecutive pay stubs (confirming income and employer), the three most recent monthly bank statements for all accounts (showing balances and transaction activity), the most recent federal tax return (confirming income and potentially revealing unreported assets), vehicle registration and title documents, real property deeds, recent credit card statements, and any insurance policies with cash value. Having these documents at the examination allows you to verify the debtor\’s answers in real time and capture the account numbers and details needed for immediate enforcement action.
🤔 How long does a debtor examination typically last?
A thorough and well-prepared debtor examination typically lasts between 30 minutes and two hours, depending on the complexity of the debtor\’s financial situation, the number of assets they hold, and how cooperative and forthcoming they are with their answers. A debtor with relatively straightforward finances — one primary job, one bank account, renting their residence rather than owning — can be examined in 30 to 45 minutes. A debtor with multiple income sources from different employers, significant business interests and ownership stakes, multiple real estate holdings across different counties, and complex financial arrangements may require the full two hours. Come prepared with all your questions organized by category so you can work through them efficiently without missing important areas of inquiry.
🔄 Negotiating a Payment Plan During the Examination
The debtor examination is often the moment when debtors become most cooperative about settlement. Facing sworn testimony about their finances and the reality that enforcement is about to begin, many debtors will offer to negotiate a payment plan rather than have their wages garnished and bank accounts levied. If the debtor makes a voluntary payment offer during or after the examination, consider the following factors before accepting.
💡 A payment plan only makes sense if: the debtor offers a payment amount that is close to what you would collect through garnishment, the payments are consistent and have a clear timeline for full satisfaction, and the agreement includes an acceleration clause that makes the entire remaining balance due immediately if the debtor misses a payment. Do not accept a payment plan that pays less per month than what you would collect through garnishment — there is no benefit to giving the debtor a discount for the privilege of paying voluntarily when you have the legal power to collect more through enforcement. If the debtor offers a reasonable plan, document it in writing and file it with the court as a stipulated payment order.
If the debtor\’s offer is inadequate or they refuse to cooperate, proceed directly to enforcement using the information gathered during the examination. Do not negotiate endlessly — the examination gave you the intelligence you need to collect through wage garnishment, bank levies, and property liens. Use it immediately while the information is current.
🚀 Know Their Assets BEFORE the Examination
Order a skip trace and asset search before scheduling the debtor examination. Walking in with knowledge of their employer, property holdings, and financial situation lets you test their honesty and ask the right follow-up questions. Results in 24 hours or less.
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