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Examination of Judgement Debtor Proceedings
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.
The Process for Examination of Judgment Debtor Proceedings
- The Judgment Creditor would have to make an ex parte application to the Court for leave (permission/authorisation) to examine the Judgment Debtor.
- If the Court grants leave, the Court will order that the judgment debtor appears before a court registrar and be orally examined in the hearing of the Summons.
- Before the hearing of the Summons, the Judgment Creditor must serve on the Judgment Debtor the court order requiring the Judgment Debtor to attend Court on a certain date for the hearing. Where the Judgment Debtor is a company, an Order for Examination of Judgment Debtor may be made against the officer(s) of the company.
- The court order will also enclose a questionnaire for the Judgment Debtor to complete. The Questionnaire will also state a list of documents that the Judgment Debtor has to provide in support of his answers stated in the Questionnaire. These documents include but are not limited to banks statements, payslips, income tax returns, IR8A forms, CPF statements, Central Depository statements, motor vehicle log cards, vehicle registration details, title deeds, rental agreements, etc.
- After completing the Questionnaire, the Judgment Debtor must serve the completed Questionnaire on the Judgment Creditor’s lawyers before the court hearing.
- The Judgment Creditor reviews the answers in the Questionnaire and the supporting documents.
- If the Judgment creditor is satisfied with the answers in the Questionnaire and the supporting documents, the Judgment Creditor will apply for the Examination of Judgment Debtor Order to be discharged.
- If the Judgment Creditor is not satisfied with the answers in the Questionnaire and the supporting documents, the Judgment Creditor proceeds to examine the Judgment Debtor on oath in the court hearing. The Judgment Debtor may also be ordered to file affidavits or statutory declarations in support of his assertions regarding his assets.
- If the Judgment Debtor is absent from the court hearing without a valid reason, the Judgment Creditor may apply for committal proceedings to commit the Judgment Debtor to prison.
- If the Judgment Debtor is present at the court hearing and examination of the Judgment Debtor is completed, the Examination of Judgment Debtor order is discharged.
Other Ways of Ascertaining the Assets of the Judgment Debtor
There are several publicly available sources of information to tap on to ascertain the Judgment debtor’s assets. For a fee, you could rely on these resources to conduct your own quick assessment. These resources include:
- The Integrated Land Information Service run by the Singapore Land Authority – for information on the ownership of properties and whether there are any registered caveats against them.
- OneMotoring – for information on Singapore-registered vehicles.
- The Ministry of Law’s e-services – for information on the bankruptcy status of individuals and the insolvency status of companies.
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- The Accounting and Corporate Regulatory Authority – for business profiles (a company’s status, its directors, its shareholders, financial status, etc.) and individual profiles (past and present directorships and shareholdings).
- The Civil Aviation Authority of Singapore – for aircraft ownership details.
- The Maritime Port Authority of Singapore – for ship ownership details.
Conclusion
Examination of Judgment Debtor proceedings is a very practical step to take when faced with a Judgment debtor who simply refuses to pay. As mentioned earlier, it could save potentially steep legal fees incurred for other enforcement proceedings and would put you on a firmer footing as you seek to recover the full judgment sum.
How We Can Help You
Examination of Judgement Debtor as a process is an important enforcement proceeding to consider. It can help you make the choice on how to plan out which enforcement proceeding you ought to take next. However, this process is complicated and one needs to know how to navigate the process and what questions to ask the debtor apart from the usual questions. This is where we come in.
At Lions Chambers LLC, we have experienced lawyers who are patient and well-versed with the legal system in Singapore. We will guide you through the process and explain to you each and every stage of your matter, and see you to safety on the other side.
Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today.