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.
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:
You should prepare the following before you file:
You may choose to file the documents personally or through a lawyer. If you are represented by a lawyer, the documents will be filed by your lawyer.
If you are representing yourself, you must file the documents through eLitigation at the LawNet and CrimsonLogic Service Bureau.
You must follow the Rules of Court and the State Court Practice Directions or the Supreme Court Practice Directions to prepare your documents before heading down personally to do the filing.
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.
In addition to the fees listed in the table, there are also other fees payable to the LawNet & CrimsonLogic Service Bureau.
Item or service | Fees |
---|---|
File the ex parte summons in an existing case or an ex parte Originating Summons if you are enforcing an order of the Small Claims Tribunal | $10 |
File the affidavit | $1 per page, subject to a minimum fee of $10 per affidavit |
Extract the Order for Examination of Judgment Debtor | $25; or $10 (for enforcing an order of the Small Claims Tribunal) |
File a Request to Appoint Date for Examination by an Officer of Court | $50 per request + $50 per witness, per hour
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In addition to the fees listed in the table, there are also other fees payable to the LawNet & CrimsonLogic Service Bureau.
Refer to the following for the filing fees if your claim is up to $1 million.
In addition to the fees listed in the table, there are also other fees payable to the LawNet & CrimsonLogic Service Bureau.
Item or service | Fees |
---|---|
File the summons | $100 |
File the affidavit | $2 per page, subject to a minimum of $50 per affidavit |
Extract the Order for Examination of Judgment Debtor | $100 |
Refer to the following for the filing fees if your claim is more than $1 million.
In addition to the fees listed in the table, there are also other fees payable to the LawNet & CrimsonLogic Service Bureau.
Item or service | Fees |
---|---|
File the summons | $200 |
File the affidavit | $2 per page, subject to a minimum of $50 per affidavit |
Extract the Order for Examination of Judgment Debtor | $200 |
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:
You will then have to serve the Order for Examination of Judgment Debtor together with one of the following questionnaires on the judgment debtor.
If the judgment debtor is... | You will need to serve... |
An individual |
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A body corporate |
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The judgment debtor will have to:
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.
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.
In general, the judgment debtor does not have to attend the examination hearing if one of the following happens:
If the judgment debtor does not attend the examination hearing without valid reasons, you may start committal proceedings against them.
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.
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