Orders to obtain information from judgment debtors
Produced in partnership with David Salter
Practice notesOrders to obtain information from judgment debtors
Produced in partnership with David Salter
Practice notesThis Practice Note details the requirements for an application for an order to obtain information from a judgment debtor, formerly known as an 'oral examination', including the criteria for such an order, procedure, hearing provisions and action that can be taken if the debtor fails to comply. Such an order is an aid to enforcement rather than an enforcement method.
A problem for practitioners considering enforcement action can be a lack of information about the extent of a respondent's (debtor's) assets or income. One option is to apply for an order that the debtor be 'orally examined' about their income, assets and liabilities. The old terminology of ‘oral examination’ was replaced by applications for orders to obtain information from judgment debtors ('information hearings'), since the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 33.23 imported the Civil Procedure Rules 1998 (CPR), SI 1998/3132, Pt 71 into family proceedings (with modifications).
Note that an information hearing is only an aid to enforcement, as opposed to a method of enforcement. It may result in costs savings by leading
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