You have judgment, but voluntary arrangements have failed, and your debtor is proving difficult and citing that they have no assets. What can you do to exercise that what they tell you is the truth?
An oral examination is a powerful tool you can use once you receive a judgment (CCJ) from the Courts. In this blog post, I’ll delve into the essence of oral examinations – a legal process where debtors are summoned to court to shed light on their financial circumstances.
Understanding Oral Examinations
An oral examination, also known as an examination of the judgment debtor, is a critical juncture in the debt recovery process.
It is a legal enforcement mechanism that allows creditors to gather essential insights into the financial landscape of the debtor. Creditors gain valuable information about the debtor’s income, assets, liabilities, and other financial aspects through a structured questioning process. This information lays the groundwork for informed decisions regarding the most effective debt recovery methods.
The Procedural Dance
The journey of an oral examination begins with the issuance of a subpoena. This legal document compels the debtor to appear before the court and answer questions the creditor or their legal representative poses. The debtor takes an oath or affirmation to speak the truth during the examination, often recorded for reference. This process serves as a bridge between the creditor and the debtor’s financial reality.
While an oral examination aims to empower creditors in their pursuit of debt recovery, debtors are not left defenceless. Legal safeguards ensure that debtors have the right to legal representation and protection against self-incrimination. The questions posed during the examination are typically confined to matters relevant to the debtor’s financial circumstances, preventing unnecessary intrusion into personal issues.
Oral examinations are far more than mere interrogations. They are windows into a debtor’s financial world – a realm of potential recovery strategies. Creditors can explore avenues such as wage garnishment, asset seizure, or property liens with the knowledge gained from the examination. This informed decision-making minimises the guesswork and maximises the chances of successful debt recovery.
As a debt recovery specialist, I understand the nuanced importance of oral examinations. If you find yourself navigating the complex waters of debt recovery, remember that you are not alone. Seeking guidance from experienced legal professionals can help you wield this potent tool effectively and ensure a fair and just process for all parties involved. Contact me today to arrange a thirty-minute, no-obligation call.