Order to attend Court for Questioning (aka Oral Examination)

This is an application which can be made once Judgment has been granted.

It is not a method of enforcing a Judgment but can be very useful to obtain information about the Defendant's financial circumstances in order to decide which would be the most successful way to proceed with enforcement of a Judgment.

This application can be made against an individual, a sole trader or a company, if the latter option is used one or more of the Directors can be ordered to attend Court.

The process involves a Court application being made and a Court Order being personally served on the Defendant (or Company Director) ordering them to attend before a District Judge at Court to answer a questionnaire and provide documentary evidence as to their finances.  The standard questionnaire makes enquiries in respect of the following:

  • Business Accounts and salary
  • Bank/Building Society Accounts and Statements
  • Shares and other investments
  • Property ownership and assets
  • Rent and Mortgage payments including arrears
  • HP and other Agreements
  • Court Orders and Judgments
  • Bankruptcy/Insolvency proceedings
  • Employment Status
  • Other debts
  • Marital and Family status including children

If there are specific questions you wish the Court to ask the Defendant these can be included in the application e.g. you may have knowledge of a business transaction due to take place which may affect the Defendant's financial situation in the future.

Based upon the information contained in the completed questionnaire you can decide which method of enforcement would be most successful e.g. where a Defendant owns their home and has equity so a Charging Order could be applied for to secure the debt or to find the employer's details of an individual so an Attachment of Earnings Order can be made.

On some occasions the Defendant does not attend the first Court hearing and a second hearing date is set, however if the Defendant does not attend that hearing an application for their arrest and imprisonment for 21 days can be made which usually prompts them to comply with the Court Order.

Posted on: 24/07/2015

This article is for general guidance only. It provides useful information in a concise form. Action should not be taken without obtaining specific legal advice.

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