How to get a debtor's examination

If you need information about what the person or business who owes you money earns or owns, you can get a court order for them to come to court to answer questions (called a debtor's examination) about what they earn or own. You can use this information to try to collect the money owed to you. 

 

Below, we refer to the debtor's examination as an "exam."

You must do the exam in a court near the person you're trying to get money from. 

The person you're trying to get money from must live or own a business within 150 miles from the court where you'll have the exam. 
 

If the person you're trying to get money from is more than 150 miles away from the county where you started your case, you can't file your Application and Order for Appearance and Examination (form EJ-125) there.

Instead, you must file your Application and Order for Appearance and Examination (form EJ-125) in the county where the person you're trying to get money from lives or owns a business.

Here's how to do that:

1. Have an Abstract of Judgment (form EJ-001) issued by the court where your case is now.

2. Fill out the Application and Order for Appearance and Examination (form EJ-125).

3. Write a statement that explains that the person you're trying to get money from lives or owns a business more than 150 miles away. As a result, the exam must be done in the county where the person you're trying to get money from lives or owns a business. You can write the statement on a Declaration (form MC-030). Attach this statement to the Application and Order for Appearance and Examination (form EJ-125) you filled out in Step 2.

4. File the Application and Order for Appearance and Examination (form EJ-125) and statement in the county where the person you're trying to get money from lives or owns a business, not the county where you started the case. The county where you file the Application and Order for Appearance and Examination (form EJ-125) and statement will open a case only for the exam. Everything else related to your case will be done through the county court where you started your case.

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