What is an Examination of Judgment Debtor Proceedings?
After a court judgment is passed on a civil matter wherein the losing party is ordered to pay certain sums of money to the winning party, the law leaves enforcement of the judgment to the winning party.
In many cases, the judgment debtor refuses or fails to pay up the sums of money the Court ordered him to pay to the Judgment Creditor. Sometimes, they even come up with excuses, claiming not to have enough money and assets to pay up.
In such cases, it would be wise to take out special proceedings in Court called ‘Examination of Judgment Debtor’. These special proceedings allow the Judgment Creditor (the winning party in a lawsuit) to apply by Summons for the Judgment Debtor (the losing party in a lawsuit) to be examined on oath to determine what assets are available to satisfy the judgment debt.
If you are unsure whether the Judgment Debtor has any assets, or you would like to find out where and how his assets are held. Examination of Judgment Debtor proceedings would be advisable. Instead of taking out expensive proceedings in Court like a Writ of Seizure and Sale or a Writ of Possession only to realise that the Judgment Debtor has insufficient fund or assets to satisfy the judgment debt, Examination of Judgment Debtor proceedings would allow you to avoid expensive legal proceedings, and to assess with certainty your chances of recovering the judgment debt.