Respond to an Order for Examination of Enforcement Respondent (from 1 April 2022)

Receiving an Order of Examination of Enforcement Respondent

If you have received an Order of Examination of Enforcement Respondent, it means:

• You may have failed to comply with an order or judgment to pay a certain sum of money to another party (the enforcement applicant).
• The enforcement applicant or their lawyers (if any) wish to find out what assets or property you own which can be used to pay off the debt.
• The enforcement applicant or their lawyers (if any) may consider and select the most appropriate course of action to enforce the order or judgment against you after knowing the nature and extent of your assets or property.

You will be known as the enforcement respondent.

How to respond

To respond to the Order of Examination of Enforcement Respondent, you will need to provide answers and supporting documents to the questionnaire served together with the Order.

Some examples of supporting documents you may have to provide include:

• Bank statements for the last 6 months.
• Payslips for the last 3 months.
• Income tax returns.
• Central Depository statements (for shares, bonds and unit trusts).
• Motor vehicle log card or registration details.
• Lease agreements.
• Title deeds.

You will then need to serve the completed questionnaire and a copy of the supporting documents to the enforcement applicant or their lawyers (if any) personally or by post.

If the enforcement applicant or their lawyers are satisfied with your answers to the questionnaire and the supporting documents, they may apply for the Order of the Examination of Enforcement Respondent to be discharged.

If the enforcement applicant or their lawyers are not satisfied with your answers to the questionnaire or the supporting documents, you will have to attend court with the enforcement applicant for an examination hearing at the date and time stated in the Order for Examination of Enforcement Respondent.

Alternatively, you may also choose to be examined at the hearing instead.

Attending the examination hearing

The examination of enforcement respondent hearing will be conducted before a court officer called a deputy registrar (for District Court and Magistrate's Court cases) or an assistant registrar (for General Division of the High Court cases) in chambers.

In general, you must attend the examination hearing unless both the following conditions are met:

• You are able to provide your answers to the questionnaire via an affidavit or statutory declaration prior to the hearing.
• The enforcement applicant agrees that you do not need to attend and they will seek a discharge of the Order at the examination hearing.

You also do not have to attend the examination hearing if one of the following happens:

• You are able to pay the debt owed to the enforcement applicant before the hearing and the enforcement applicant agrees to discharge Order for Examination of Enforcement Respondent.
• The enforcement applicant and you agree to enter into an instalment plan for the debt owed and the enforcement applicant agrees to discharge Order for Examination of Enforcement Respondent.

If you do not attend the examination hearing without valid reasons, the enforcement applicant may start committal proceedings against you.

What to prepare

You should bring the following documents to the hearing:

• Your identity card (NRIC), work permit, passport or other official identification documents that have your photo and personal particulars (photo ID).
• The completed questionnaire.
• Copies of all supporting documents requested in the questionnaire.

At the hearing

During the hearing, the enforcement applicant or their lawyers may examine you in relation to the answers in the questionnaire and supporting documents you have provided to them. You will have to answer their questions under oath and produce the necessary documents when required.

They may also request that you file an affidavit or statutory declaration if required.

After the examination is completed, the enforcement applicant or their lawyers may then apply to discharge the Order of the Examination of Enforcement Respondent.

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