If all collection avenues prove unsuccessful, then perhaps the information needed to
collect a Judgment can be obtained through an oral examination of the Defendant. Sometimes
information critical to the collection of a Judgment can be obtained.
The individual to be questioned is usually given at least one opportunity to appear
voluntarily. If he does not cooperate, the next attemp to obtain his testimony is through
directing a Summons to him demanding that he appear at a certain date and time at a
specific place in order to answer questions as to the liabilities and assets of the debtor
company or himself, if the Judgment is against him perconally. This examination differs
from a deposition in several respects:
Even if the information obtained does not result in the collection of the Judgment, it
will usually prove to you that the Judgment is uncollectible.
Examination showed the debtor has assets.
Examination showed the debtor has no assets.