Oral Examination

When unsure how to enforce your judgement an application to the court for an oral examination is a method of having the debtor tell the Court (and you) what assets/incomes they have. If the debtor either refuses to attend or answer the questions, or is perhaps economical with the truth, there is the possibility of them being found in contempt of court, which could see the debtor face a fine, or in an extreme case, a spell of imprisonment.

When you apply for an oral examination, the Court will order the Defendant to attend a hearing where he will be expected to provide details of his income, capital and savings. The creditor can then use this information to assess the best method of recovery in terms of sums due under the judgement they have. At the hearing, the debtor will be asked a series of standard questions as well as any pertinent questions the creditor has requested.

The content of this website is for general information only and should not be relied upon. It is not intended to be construed as legal advice and should not be treated as a substitute for specific advice.