If you do a debtors exam and the defendant does not appear or respond what happens next?
My casual understanding is that some kind of low level warrant is issued that only applies if the defendants name is run thru the 'system' by law enforcement. For example if he gets a speeding ticket.
But even then I don't see how that helps me collect a court judgment. How does it help me collect a court judgment, if at all? Thanks.
Most likely what was issued is a capias warrant. This means that if the person has any interaction with law enforcement, or law enforcement knows where the person is, they will serve the warrant upon them and arrest them. Once the person is brought into court, there could be (but not necessarily) a contempt of court action brought against them. Also, the judge will order them to complete the debtor exam. The main helpful part to you in collecting the judgment, is eventually they will be brought into court and the exam will occur.
Answers given by Chase R. Carter, partner at Carter and George LLC do not constitute legal advice. Answers given do not constitute legal advice and any person having a legal question should contact counsel immediately. Mr. Carter is a private attorney that is available for hire after first consulting with Mr. Carter and negotiating a fee arrangement and signing an engagement letter. Mr. Carter is able to be contacted by visiting his firm's website at www.carterandgeorge.com or calling 740 634 3110. No legal relationship and/or legal representation is established by answering questions on Avvo. Answers given are for purely educational purpose. No information given is protected by attorney client privilege and any person asking such questions is strongly encouraged to contact legal counsel before pursuing any legal matter.
The order by the court to appear at a judgment debtor's examination is based upon your judgment against the debtor, but it is the court's order. If you can demonstrate service received by the judgment debtor, his failure to appear is contempt of the court's order. Your next step is to pursue a citation for contempt of the appearance order, or a show cause hearing where the debtor is required to appear and show cause why he should not be found in contempt of the court's order. If he fails to appear at that hearing, and again, you need to show service, then you can ask for several remedies. One of these may be an arrest or capias warrant. Court's differ widely on how aggressive they are in pursuing a "body attachment," of the debtor in contempt and the squeaky wheel can get the grease on some occasions. You can also demand your expense associated with the debtor's unexcused resistance to your summons. The judgment debtor's exam helps you collect a judgment because you use it to obtain information about the debtor's assets that can be seized according to law. If he is in contempt, it is certain that a part of his purging his contempt will be to sit for the debtor's exam.
Asker
Thanks for the feedback! I assume if that were to occur, defendant ordered to complete debtors exam, the court would set a date for the exam and notify me. Is that correct?
Chase Randall Carter
Criminal Defense AttorneyUsually what happens, is they will set a hearing after they are picked up on the warrant for contempt of court and then make the purge of contempt the completion of the debtors exam. That is what has happened in my experience, but each court is a little different. They will notify you with what they will do though, they won't leave you in the lurch, or should not.
Asker
Thanks again for your insights!