After a collector obtains a judgement against you, the collector can obtain an order that requires you to appear in court to answer questions about your income and assets in order to determine whether there a. Note: If you file bankruptcy prior to the date of the judgement debtor exam, you will not need to appear at all. If you are not filing bankruptcy prior to the judgement debtor exam, there are three things to remember:
- The judgement debtor exam is a court-ordered appearance. Repercussions for missing the examination, though unlikely, at least theoretically include a contempt order or arrest. If you do not want to appear, it is important to relay a written excuse for postponing the examination. The court is likely to grant your request.
- If you do appear, tell the truth as your answers will be under oath.
- If the collector finds assets or income unprotected by law at your judgment debtor exam, the collector is likely to quickly obtain a court order enabling it to seize those unprotected assets?
If you have a collector that is sufficiently vigilant to set and appear at a judgment debtor examination, it’s time to resolve the debt issue itself. Retain an attorney to determine whether there really is any non-exempt equity for the creditor to pursue.
If you and your attorney determine that there really is a risk of seizure, have your attorney either pursue a stipulated agreement for repaying all or part of the judgment in a manageable fashion that does not require you to come in for examinations or evaluate your financial situation to determine whether bankruptcy might be the appropriate solution.
Please feel free to contact our Oregon and Washington consumer law/bankruptcy law offices. We have offices in Portland, Salem, Vancouver or Seattle and we would be more than happy to help.
