Find out what documents you need to prepare and what are the fees to pay when filing an Order for Examination of Judgment Debtor.
Note
This page is for matters that the Rules of Court 2014 apply to. For content relating to matters that the Rules of Court 2021 apply, click here.
If you are uncertain as to which version of the Rules of Court applies to your matter, click here.
What is an examination of judgment debtor
In a civil claim, the court may order a party to pay a sum of money to another party. The party who needs to pay the debt is the judgment debtor, while the party who should receive the money is the judgment creditor.
If you are the judgment creditor, you may apply for an order to examine the judgment debtor under oath to find out what assets are available to pay off the debt owed to you. Once you know the nature and extent of the judgment debtor’s assets, you may then consider and select the most appropriate course of action to enforce the order for payment of money to you.
When to consider
You may consider filing a summons for the examination of judgment debtor if you are not aware of what assets the judgment debtor owns and wish to find out (but not limited to) the following:
Refer to the following to find out the possible fees for filing the documents. You may also refer to Appendix B of the Rules of Court for the full list of court fees.
File the ex parte summons in an existing case or an ex parte Originating Summons if you are enforcing a settlement agreement registered under section 7(2) of the Employment Claims Act 2016 or an order of the Employment Claims Tribunal
$20; or
$10 (for enforcing an order of the Employment Claims Tribunal)
File the affidavit
$1 per page, subject to a minimum fee of $10 per affidavit
Extract the Order for Examination of Judgment Debtor
$50; or
$10 (for enforcing an order of the Employment Claims Tribunal)
File a Request to Appoint Date for Examination by an Officer of Court
$50 per request + $100 per witness, per hour
Refer to the following for the filing fees if your claim is up to $1 million.
$2 per page, subject to a minimum of $50 per affidavit
Extract the Order for Examination of Judgment Debtor
$200
After you file
You will be notified of the outcome of your application for the Order for Examination of Judgment Debtor by a Registrar's Direction.
If your application is successful, you will have to:
(For Magistrate's Court and District Court cases) Extract the Order for Examination of Judgment Debtor and file a Request to Appoint Date for Examination at the LawNet & CrimsonLogic Service Bureau.
(For General Division of the High Court cases) Extract the Order for Examination of Judgment Debtor at the LawNet & CrimsonLogic Service Bureau.
You will then have to serve the Order for Examination of Judgment Debtor together with one of the following questionnaires on the judgment debtor.
They will have to include all documents in support of their answers stated in the questionnaire.
Serve the completed questionnaire and supporting documents on you or your lawyers (if applicable) before the court hearing date stated in the Order for Examination of Judgment Debtor.
If you are satisfied with their answers to the questionnaire and the supporting documents provided, you may apply for the Order for Examination of Judgment Debtor to be discharged. Before doing so, you may wish to request the judgment debtor to provide their answers via an affidavit or statutory declaration.
If you are not satisfied with the answers to the questionnaire and the supporting documents provided, you will have to attend court with the judgment debtor for an examination hearing at the date and time stated in the Order for Examination of Judgment Debtor.
Alternatively, the judgment debtor may also choose to be examined at the hearing instead.
At the examination hearing
The examination of judgment debtor hearing will be conducted before a court officer called a deputy registrar (for Magistrate's Court and District Court cases) or an assistant registrar (for General Division of the High Court cases) in chambers.
During the hearing, you or your lawyers (if any) may examine the judgment debtor in relation to the assets during the hearing. The judgment debtor has to answer your relevant questions under oath and produce supporting documents when required.
You or your lawyers may also request the judgment debtor to file an affidavit or statutory declaration if required.
After the examination is completed, you or your lawyers may then apply to discharge the Order of the Examination of Judgment Debtor.
Attendance of the judgment debtor
In general, the judgment debtor does not have to attend the examination hearing if one of the following happens:
The judgment debtor is able to pay the debt owed to you before the hearing and you agree to discharge the Order for Examination of Judgment Debtor.
The judgment debtor and you agree to enter into an instalment plan for the debt owed and you agree to discharge the Order for Examination of Judgment Debtor.
If the judgment debtor does not attend the examination hearing without valid reasons, you may start committal proceedings against them.
Need help?
The information here is for general guidance as
the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.
