Questions to Ask at a Judgment Debtor Examination
For a judgment creditor, often self-represented after small claims, or a new collections attorney who has won a money judgment and now gets to question the debtor under oath about what there is to collect. The questions follow the usual order of an examination: identity and home, work and income, accounts and cash, property, business interests and money owed to the debtor, then recent transfers, other debts and the close, each with a note on what a useful or a worrying answer sounds like and what to do with it. The hearing's name, its procedure and the property a debtor is allowed to keep all differ from state to state, so ask your court clerk or self-help center how it works there; none of this is legal advice.
The questions
Each question, and why to ask it
Identity and home
What is your full legal name, and what other names have you used on accounts, titles or a business?
Why ask it
Assets sit under maiden names, middle initials, nicknames and trade names, and a search under only the name on your judgment misses them. Write down every spelling given, then ask which one is on the driver's license and which is on the bank account.
Where do you live now, and do you own that home, rent it or stay with someone?
Why ask it
Each answer sends you somewhere different: an owner leads to the real estate questions, a renter to who receives the rent and how it is paid, a guest to who is covering the debtor's costs. A debtor who cannot say whose name is on the lease is worth a second, gentler try.
Are you married, and if so, what is your spouse's name and where do they work?
Why ask it
How far a spouse's income or jointly held property can be reached differs a great deal from state to state, so collect the facts here and ask the court's self-help center or a lawyer what they mean where you are. A recent separation or divorce is the cue to ask what each person kept.
Who else lives in your household, and does anyone there pay you rent or split the bills with you?
Why ask it
A roommate or an adult child who hands the debtor rent each month is income that no pay stub shows, so get the amount and how it is paid. Ask about children or anyone else the debtor supports too, because dependents can change how much of a paycheck is protected under your state's rules.
Did you bring the documents the order or subpoena listed, and which ones are missing?
Why ask it
Go down the list item by item and say out loud what was handed over and what was not, so it is in the record or in your notes. For anything missing, get a date by which it will be produced. If that date passes, ask the clerk what the court does about it there.
What is your date of birth, and what are the last four digits of your Social Security number?
Why ask it
Identifiers are what let a bank or an employer match your paperwork to the right person, especially with a common name. Ask the clerk beforehand how your court wants these handled, since some keep full numbers out of the public file and may tell you to take them down off the record.
How long have you lived at that address, and where did you live before?
Why ask it
A string of recent moves explains returned mail. A previous address in another county or state is also where an old bank account, a storage unit or a piece of land may still be, so write down the city and the rough dates.
Work and income
Who is your employer, and what is the exact company name and address printed on your pay stub?
Why ask it
The name on the door and the legal name of the company that issues the check are often different, and garnishment papers generally have to reach the right one. Ask to see a recent stub. If none was brought, ask who handles payroll and where that office is.
How much are you paid, how often, and what was your take-home on the last check?
Why ask it
Get gross, net and the pay schedule. A figure well below what the job would normally pay, or 'it varies' with no range, should lead you to tips, commissions, overtime and cash. The share of a wage that can be taken is set by law and differs by state, so ask how it is worked out there.
How do you receive your pay: direct deposit, a paper check, a pay card or cash?
Why ask it
Direct deposit names a bank account without your having to ask twice, so take down the bank and the last digits. Cash, or a check cashed at a store, usually means there is no account to go after and the wages themselves are what you have.
Do you do any work on the side, for yourself or anyone else, including gig apps or cash jobs?
Why ask it
People who say 'unemployed' often mean 'no employer'. Offer examples such as driving, deliveries, repairs, child care or selling online, then ask which app or customer pays and into what account.
If you are not working, how have you covered rent, food and gas over the last three months?
Why ask it
This is the question that tests 'I have nothing' against ordinary life. A credible reply names a person or a benefit and an amount. A vague one ('I get by') deserves a patient follow-up, one bill at a time.
Do you receive any other money, such as Social Security, a pension, disability, unemployment, child support or help from family?
Why ask it
Take the sources one by one, with the amount and the day each arrives. Some kinds of benefit are protected from creditors under federal or state law, so this answer tells you what is out of reach as much as what is not. Ask the self-help center which ones before you pay for a levy.
Are you expecting a tax refund, a bonus, a commission or back pay this year?
Why ask it
A lump sum on its way can be easier to plan around than a weekly wage. Ask the amount, the likely date and the account it will land in, and whether last year's refund arrived the same way. Whether a refund can be reached at all is one to check locally.
When did you last change jobs, and why did the previous one end?
Why ask it
A job that ended the week the lawsuit was served, or a switch from payroll to contractor at the same company, earns a few more questions. A final paycheck, severance or unused vacation pay may also still be owed, so ask whether everything from the old job has been paid out.
Have you filed tax returns for the last two years, and who prepared them?
Why ask it
A return puts wages, interest, rent and business profit on one page, and the debtor signed it for someone other than you. Ask for a copy if it was not among the documents brought. If the debtor says none was filed, note the years and move on: the reason is not your argument to have.
Accounts and cash
Which banks or credit unions hold an account with your name on it, alone or with someone else?
Why ask it
For each one you want the institution, the branch or city, checking or savings, the last four digits and roughly what is in it today. Joint accounts count. Ask who the other holder is and whose money goes in, since that is the first thing a lawyer will want to know about one.
Have you opened or closed any account in the past twelve months?
Why ask it
An account closed soon after the judgment is not evidence of anything on its own, and the honest explanations are dull: a fee, a move, a bank merger. Ask where the balance went and write down the date and the destination either way.
Is any of your money kept in an account under another person's name?
Why ask it
Some debtors who have been levied before have their pay sent to a partner's or a parent's account. Ask whose account it is, since when, and whether the debtor holds a card or a login for it. What can be done about it is a question for a lawyer or the self-help center, not a threat to make in the room.
Do you use PayPal, Venmo, Cash App, Zelle or a similar app, and what balance is sitting in each?
Why ask it
These get left out when you only say 'bank accounts', because plenty of people do not think of them as one. Ask which bank or card each app is linked to. That link sometimes names an account missing from the earlier list.
How much cash do you have with you today, and how much at home or anywhere else?
Why ask it
Ask it plainly and without drama. Some courts will order cash on hand turned over on the spot and others will not, so find out from the clerk ahead of the hearing which kind yours is.
Do you have a safe deposit box or a safe, and what is in it?
Why ask it
Get the location and whose name the box is under. 'Just papers' is a fine answer to follow up, since titles, deeds, bonds and stock certificates are papers.
Do you own any stocks, bonds, mutual funds, cryptocurrency or a brokerage account?
Why ask it
Include the phone apps that buy shares or crypto a few dollars at a time, which people tend to forget they have. For crypto, ask which exchange or wallet holds it and what it was worth the last time they looked.
Do you have a retirement account, a pension or a life insurance policy with a cash value?
Why ask it
Record it even though retirement money is often well protected; the rules turn on the type of account and the state, and guessing wrong costs you a levy fee. Insurance is a separate matter: ask the insurer's name, the kind of policy and who the beneficiary is.
Which credit and debit cards do you carry, and who pays the bill on each?
Why ask it
A card on someone else's account, or a business card that buys the groceries, shows who is funding the debtor's daily life. If a debit card turns up for a bank that was not named a few minutes ago, the account list was incomplete, so go back to it.
Property
Do you own, or is your name on the title of, any house, land or building, in this state or another?
Why ask it
Ask for the address, the names on the deed, the year it was bought and the price. You can usually check the answer afterward at the county recorder's or assessor's office. A home the debtor lives in is often protected up to an amount your state sets, so ask what that amount is.
What is that property worth today, and what is still owed on it?
Why ask it
The gap between the two numbers is the point, and most owners know both within a few thousand dollars. Ask who the lender is, whether the payments are current, and whether there is a second loan or a tax lien. Earlier liens commonly come ahead of a later one, so ask how priority works where you are.
Do you collect rent from anyone, or does anyone live in or use property you own?
Why ask it
Rent is a stream of money with a name and an address attached. Take down the tenant, the amount and the day it falls due. Whether a tenant can be directed to pay you instead is a procedure question for the clerk or a lawyer.
What vehicles do you own or drive, and whose name is on each title?
Why ask it
You want year, make, model, plate number and where each one is parked at night. A debtor driving a late-model car titled to a relative should be asked who makes the payment and who insures it. Many states protect part of a vehicle's value, so find out how much.
Is there a loan on any of those vehicles, and how much is left to pay?
Why ask it
A car worth less than its loan is not worth chasing, and it is cheaper to learn that here than after paying for a levy. The lender's name and the monthly payment also tell you something about the debtor's real budget.
Do you own a boat, a trailer, a motorcycle, an RV, or equipment or tools worth more than a few hundred dollars?
Why ask it
Reading a list out loud jogs the memory in a way 'any other property?' never does. For each item ask where it is stored, whether it is paid off and whether the debtor earns a living with it, which matters if it is later claimed as exempt.
Do you own jewelry, watches, collectibles, art, instruments or anything else you could sell for $500 or more?
Why ask it
Ordinary household goods are rarely worth the cost of seizing and are commonly protected, so do not spend ten minutes on furniture. You are listening for the one or two items with real resale value, and for where each of them is kept.
Is any of your property kept at someone else's home, in a storage unit or at a business?
Why ask it
Things have a way of moving to a relative's garage when a levy is expected. Ask what, where and since when, and stay matter-of-fact: the date is the part of the answer you will want later.
Business and money owed
Do you own any part of a business, or are you an officer, partner or member of one?
Why ask it
Get the legal name, the kind of entity, the debtor's share and the other owners. A judgment against a person and a judgment against their company are different things, so if the business is where the money is, ask a lawyer what you can reach before you act.
Do you hold a professional or contractor's license, and is there a bond or an insurance policy that goes with it?
Why ask it
Take the license number and the agency that issued it, which you can usually look up online afterward. In some states a contractor's bond can be claimed against for certain judgments and in others it cannot, so write down the bond company's name and ask a lawyer or the licensing board whether it helps you.
Where does the business bank, and who can sign on its accounts?
Why ask it
The answer shows whether the debtor controls the money or only works there. If personal bills such as rent or a car payment go out of the business account, note which ones and roughly how much.
Who are the business's main customers, and who owes it money right now?
Why ask it
Unpaid invoices are assets with names on them, so ask for the three largest and the amounts. An owner who cannot name a single customer is either not really running the business or not really answering.
What does the business own: equipment, vehicles, inventory, a lease, a website?
Why ask it
Ask what is paid off, what is financed and where it is kept. Equipment in daily use that is titled to the debtor personally, and not to the company, belongs on the personal property list as well.
How do you pay yourself from the business: a salary, draws, or by having it cover your expenses?
Why ask it
Draws and bills paid directly never appear on a pay stub, which is how an owner can truthfully report a tiny salary. Ask for last year's total by each route, and which account the draws were paid into.
Does anyone owe you money, such as a loan you made, unpaid wages, a deposit or a judgment you won?
Why ask it
Give the examples, because the bare question gets a quick no. For each debt ask who owes it, how much, whether it is in writing and when it is due. Security deposits held by a landlord or a utility count too.
Are you part of any lawsuit, insurance claim or settlement where money could come to you?
Why ask it
An injury claim, a workers' compensation case or a payout for a wrecked car can be the only real asset a person has. Take the lawyer's name and the case number if there is one. How much of such a payment a creditor can reach varies by the type of claim and the state.
Are you named in anyone's will or trust, or waiting on a share of an estate?
Why ask it
An estate already in probate has a court file you can usually read at the courthouse. An inheritance hoped for from a living relative is only a hope until it happens, so note it and keep going.
Transfers, debts and close
Since you first owed this money, have you sold, given away or put into someone else's name anything worth more than $500?
Why ask it
Ask what it was, who got it, when, and for how much. A car sold to a brother for a token sum a month after the lawsuit is the pattern you are listening for. A court can sometimes undo a transfer made to avoid a creditor, but the rules and deadlines are local, so take the facts to a lawyer.
Have you set up a trust or a company that now holds anything you used to own in your own name?
Why ask it
A house deeded to a family trust or a truck moved into an LLC still appears in public records, just not under the debtor's name. Get the exact name of the trust or company, who the trustee or manager is, and what went into it and when. What a creditor can do about property held that way is for a lawyer to say, so only gather the facts here.
In the last year, have you paid back money you owed to a relative, a friend or a business partner?
Why ask it
A debtor who repaid a brother $3,000 in the spring had $3,000 and decided where it went. Ask the amount, the date and how it was sent, because a check or a transfer names the account it came out of. Whether a payment like that can be challenged is a lawyer's question.
Who else do you owe, and is anyone already garnishing your wages or holding a lien?
Why ask it
Creditors ahead of you change the arithmetic, and support orders and tax debts commonly come first. Ask who each one is, the amount and whether a garnishment is running now. A debtor with five judgments and one paycheck may be worth a modest payment plan instead of a fight.
What do you pay each month for housing, a car, insurance, a phone and loans?
Why ask it
Add the answers up as you go and compare the total with the income given earlier. When spending is larger than income, say so calmly and ask what covers the difference. The same budget is what you will judge a payment offer against.
Have you filed for bankruptcy, or are you planning to?
Why ask it
If a case is open, stop and ask the clerk or a lawyer what you are allowed to do, because a filing usually halts collection. Get the case number and the district. 'I am thinking about it' is not a filing, though it may mean a smaller settlement now is better than waiting.
Do you expect any of these answers to change in the next six months, such as a new job, a move or a sale?
Why ask it
An examination is a snapshot, and courts often limit how soon you can hold another, so ask the clerk how long you would have to wait. A job starting next month or a house about to be listed goes in your calendar.
Is there any income, account or property we have not talked about today?
Why ask it
The catch-all closes the door on 'you never asked'. Read your headings back (work, accounts, home, vehicles, business, money owed to you) and have the debtor answer yes or no to each before you finish.
What do you believe is still owed on this judgment, and have you made any payment I may not have recorded?
Why ask it
Agreeing on the balance here saves an argument later, so bring your own figure with interest and costs worked out the way your court allows. If the debtor claims a payment you have no record of, ask the date and the method and check it afterward.
What could you pay today, and what could you pay every month from here?
Why ask it
An examination can end in a payment arrangement instead of a levy, and someone who has just listed everything they own is as ready to talk as they will ever be. Hold the offer up against the budget you were given, and ask the clerk how to put an agreement in writing so the court can enforce it.
Running a debtor examination that finds something to collect
Practical guidance for the conversation itself
Before the hearing
Learn what your court calls it
Debtor's examination, order of examination, supplementary proceedings, citation to discover assets, examination in aid of execution: the name and the forms depend on the state. Ask the clerk or the self-help center which form starts it, how the debtor has to be served and how far ahead of the date.
Ask for documents in the order
Many courts let you require the debtor to bring papers, often through a subpoena attached to the order. Common requests are recent pay stubs, bank statements, tax returns, vehicle titles, deeds and leases. Ask what your court allows and how to word it, because a debtor who arrives empty-handed can only be held to what was properly requested.
Do your own search first
Look up the county property records, the state's business registry and the court's index for other cases against the debtor. These are usually public and often free. Walking in with a deed or a company filing in your folder lets you test answers instead of only collecting them.
Bring the numbers
Have a copy of the judgment, a record of anything paid so far and your calculation of the balance with interest and costs as your court allows them. If you are unsure how interest is figured, ask the clerk before the hearing, not the debtor during it.
Find out what the room will be like
In some courts a judge or commissioner swears the debtor in and then sends the two of you to a hallway or a side room. In others it happens in open court, or at a lawyer's office with a court reporter. Ask whether anything is recorded or transcribed. If not, bring a second person to take notes, if the court permits it.
Asking the questions
Finish one asset before starting the next
For every job, account, vehicle or property, get the same things before moving on: whose name it is in, where it is, what it is worth and what is owed against it. Half-finished answers are the ones you regret a week later, when the debtor is no longer under oath in front of you.
Write names and numbers, not impressions
'Works at a warehouse' cannot be put on a form. The company's legal name, the payroll address, the bank and the last four digits can. Read each entry back to the debtor so the spelling and the figures are confirmed while they are still sworn.
Stay flat and polite
You are there for information, and a person who feels attacked gives shorter answers. Do not reargue the original dispute. The judgment already settled it, and every minute spent on who was right is a minute not spent on where the paycheck goes.
Turn 'I don't know' into a place to look
Ask where the statement, the title or the pay stub is kept and how soon a copy can reach you. Then ask who else would have the answer: a spouse, a bookkeeper, a payroll office. A date and a name are worth more than pressing for a guess.
Pick your questions to fit the debtor
Nobody needs the whole list. A wage earner with an apartment needs the income and accounts groups and little else. A contractor or shop owner needs the business group in full. Mark your questions beforehand and leave space under each for the answer.
When it does not go to plan
The debtor does not appear
What a court does about a missed examination differs: some set a further hearing or issue a warrant, others wait for you to ask. Bring your proof of service, and before you leave the building ask the judge or the clerk what the next step is there.
Every answer is 'I don't remember'
Keep asking, calmly, and write down each question that went unanswered. If a judge or commissioner is available, ask whether they will direct the debtor to answer or to return with records. Losing your temper helps the debtor more than it helps you.
Everything belongs to someone else
A house in a partner's name, a car titled to a parent, wages paid into a sibling's account. Record who, since when and who pays the costs, and leave it there. Some courts will also let you examine that third person, so ask whether yours does. Reaching property held by a third person involves rules that vary widely, and it is the point at which an hour with a lawyer tends to pay for itself.
The debtor says it is exempt
Exemptions are the law's list of income and property a debtor may keep, and the list and the amounts are set state by state, with some federal rules on top. Do not argue it in the room. Write down what is claimed and why, then ask how a claim of exemption is raised and decided in your court.
You are asked something you cannot answer
Debtors ask what happens next, whether you will take their car, whether they should file for bankruptcy. Say you cannot advise them. It is true, and a wrong answer given to get cooperation can come back on you.
Turning answers into money
Match each answer to a tool
Wages usually point to a garnishment, a bank account to a levy, real estate to a lien. The names, the forms and the fees differ by state. Ask the clerk, or the sheriff's or marshal's civil office, which form goes with which asset and what each one costs to serve.
Move on accounts and wages first
A bank balance is true for the day it was described and a job can end. If you learned of an account or an employer, start that paperwork in the days after the hearing, while the information is still current.
Check what you were told
Compare the answers with the property records, the business registry and any documents handed over. Where something does not match, note it with the date of the examination. Sworn answers that turn out to be untrue are something to bring to the court or a lawyer, not to the debtor.
Weigh the cost of each step
Levies and garnishments carry fees, and an attempt that finds an empty account still costs you. Ask whether those costs can be added to the judgment where you are, and go after the one or two assets most likely to pay before the rest.
Put any payment plan in writing
If the debtor offers installments, write down the amount, the due date, how payment is made and what happens after a missed one, and both sign it. Ask the clerk whether your court has a form for this or a way to file the agreement, so you are not starting over if the payments stop.