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A Judgment Debtor Summons is a summons issued by the court to be served on the Judgment Debtor to compel the Judgment Debtor to appear in court to provide information about his assets and how they can be disposed of to settle the judgment debt.
To obtain a debtor examination, the creditor must file an Application and Order for Appearance and Examination. The court will then schedule the examination for a specific date and time, and issue an order requiring the debtor's appearance.
A debtor's examination is a special proceeding used by judgment creditors to look into ways it can collect a judgment from you, such as using a wage garnishment or attaching funds in a bank account. However, many judgment creditors use debtor's exams to pressure you to pay a debt.
A debtor's examination is a special proceeding used by judgment creditors to look into ways it can collect a judgment from you, such as using a wage garnishment or attaching funds in a bank account. However, many judgment creditors use debtor's exams to pressure you to pay a debt.
In English and American law, a judgment debtor is a person against whom a judgment ordering him to pay a sum of money has been obtained and remains unsatisfied.
An Order of Examination is a court process to aid enforcement of a monetary judgment. The party being examined will be required to furnish information to aid in the enforcement of a monetary judgment. The Judgment Creditor or their representative may ask questions relating to: Personal financial assets.
Once a creditor has a court judgment against a debtor, the creditor can ask to have an examination of the debtor. This is a hearing to gather information about the debtor's financial situation and have an order made.
The person in whose favour a decree is passed is called decree-holder and against whom the decree is passed is judgement debtor. There are various ways under civil law by which a decree can be passed. One such way is arrest and detention.
The main ways to legally avoid appearing at a debtor examination are to pay off the debt or reach a settlement with the creditor that provides a way for paying back the debt. You also may be able to avoid the examination by filing for bankruptcy, which will trigger an automatic stay of collection efforts.