Examination of Judgment Debtor proceedings
After a civil action is filed in Court, the Judgment Creditor (the winning party in a lawsuit) may 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.
Before the hearing of the Summons, the Judgment Creditor would have served on the Judgment Debtor the court order requiring theJudgment Debtor to attend court on a certain date for the hearing. This court order will also enclose a questionnaire which the Judgment Debtor will be required to complete and will state a list of documents which the Judgment Debtor has to provide in support of his answers stated in the questionnaire.
After completing the questionnaire, the Judgment Debtor should serve the completed questionnaire on the Judgment Creditor’s lawyers prior to the court hearing. The Judgment Creditor’s lawyers may also examine the Judgment Debtor further at the hearing in court in relation to the assets.
If the Judgment Debtor fails to turn up in Court on the date of the hearing, there are legal provisions for committal proceedings to commit the Judgment Debtor to prison.
Using the Examination of Judgment Debtor toolkit
The State Courts have prepared an Examination of Judgment Debtor Toolkit to assist litigants-in-person in such proceedings.
Seeking legal advice
You will appreciate that the facts of each matter are not the same. As the State Courts are not in a position to provide legal advice, you may wish to seek your own legal advice if you are still unclear as to how to proceed after reviewing this toolkit. You may wish to consider approaching the following organisations for free legal advice:
a. Pro Bono Services Office located at State Courts, Basement 1;
b. selected Community Clubs, a list of which may be found at http://www.pa.gov.sg; or
c. Legal Aid Bureau
Examination of Judgment Debtor toolkit
A copy of the Examination of Judgment Debtor toolkit may be downloaded here.
Copies of the Examination of Judgment Debtor Questionnaire (Forms 44 and Forms 45) may be downloaded here.