Use a motion for examination of judgment debtor for child support collection to flush out information about the deadbeats income and assets. You can ask questions about employment, finances, property owned, sold, in the hand’s of a third party and more. Debtors are placed under oath at the court so if they lie, they will be doing so under penalty of the law. That doesn’t always stop people from lying in court, which is why your first examination of the deadbeat, may not be your last. The examinations are not only used to discover information that you may not have previously known, but they can also be used as a point of leverage. After you leave court and continue your research, you may uncover many lies that the deadbeat told – under oath. You can use that opportunity to request a bench warrant or file an order to show cause use with the court requesting that debtor be arresting for perjuring himself. I have never been a big fan of contempt of court charges because frequently the deadbeat is allowed to make a purge payment and leave. The point here though is that you aren’t expecting more or less and that plays right into your hand. If you find one lie, you will find more. Keep your boot on his neck until the cash starts to flow, either voluntarily or because you are now finding assets and seizing them.
Here are the steps:
- Download the Motion for Examination of Judgment Creditor Form
- Complete the form. Use the sample form in our Sample Letters/ Forms/ Language section
- Attach the list of records that you would like for the debtor to bring with him to court. If he provides these records to you at least 3 days in advance and you are satisfied with what he has provided, you should cancel the hearing. If for whatever reason you are not satisfied, then the hearing continues.
- Attach your Motion for Examination (and your list of questions), to your Order for Examination for Examination (Get the Order for Examination in the Document Library)
- Only complete the top portion of the Order for Examination, the court will complete the rest of the form
- Make 2 copies of each document
- After the Order has been signed and the hearing has been set by the court, you must then serve the Motion, Order and list of questions on the deadbeat
- If the deadbeat was served personally, you have a much better chance of going straight for the bench warrant, if he does not show for the examination. If he was served by some other means, you can ask for the bench warrant but there is a chance that you will be asked to file a show cause order instead, which means that he has to prove to the court that he had some very good reason to not be there on the days of court
- Return (provide) the affidavit of service to the court, proving that the deadbeat was properly served
- Show up on your day in court and be prepared to examine your debtor