Oral examination: questioning the defendant about their means

An oral examination, now formally called an order to obtain information, is a court hearing where a judgment debtor must answer questions under oath about their income, assets and ability to pay. It tells you which enforcement method is most likely to recover the money. One of the most powerful enforcement tools available.

Is an oral examination the same as an order to obtain information?

Yes. Oral examination is the older name for what Part 71 of the Civil Procedure Rules now calls an order to obtain information from a judgment debtor. You apply on form N316, or form N316A where the debtor is an officer of a company, and the debtor is ordered to attend court and answer questions about their means under oath.

How much notice must I give the defendant before the hearing?

The court sets the hearing date. The order must then be served personally on the defendant at least 14 days before the hearing, unless the court orders otherwise. You usually arrange this yourself, or you can pay for a court bailiff to serve it. If you cannot serve it, you must tell the court at least 7 days before the hearing. Within 7 days of being served, the defendant can ask you to pay their reasonable travel costs to court, and you must pay them. Failing to attend without good reason can be treated as contempt of court.

What if the defendant attends but refuses to answer questions?

If the defendant refuses to answer questions without a valid legal reason (like privilege), the judge may find them in contempt of court. This can result in a fine or, in extreme cases, a committal order (jail time). However, this is rare in small claims — judges usually first warn the defendant and invite them to explain their refusal. If the defendant remains defiant, the judge can draw inferences from their silence, which may support your view of their means.

Can I ask about the defendant's spending habits or lifestyle?

Yes, if it is relevant to their ability to pay. If you discover the defendant runs a luxury car, takes expensive holidays or has recently made large purchases, these facts suggest money is available to pay the judgment. However, you must link the question to ability to pay — you cannot simply go on a fishing expedition into their private life. The court will stop questions that are irrelevant or harassing.

What if I already know the defendant's income from other sources?

If you have obtained information about the defendant's income from their business website, social media, Companies House filings, or other public sources, you can use it at the oral examination to challenge their claims. For example: "You say your business makes £20,000 a year, but Companies House shows it made £150,000 in the last year. How do you explain that?" This can be very powerful evidence of their true means.

Can a judgment be enforced while an oral examination is pending?

Yes, but it is often tactically sensible to wait. If you try to enforce immediately and the defendant becomes insolvent, you lose the chance to gather information about their means. Many claimants use the oral examination to establish what assets exist before pursuing enforcement. However, there is no rule preventing you from enforcing before the examination — the choice is yours.

What if the defendant does not show up?

If the defendant fails to attend without reasonable excuse, the judge may make a committal order (a warrant for arrest), issue a fine, or allow you to proceed in their absence and rely on evidence you have gathered about their means. If you can show they were properly served with notice and have no good reason for absence, the judge will take this very seriously — it is contempt of court.

Can I record or take photos at the hearing?

Not without the judge's permission. Courts are generally opposed to audio and video recording for privacy and security reasons. However, you can take written notes. If you want to rely on a recording later (for example, if the defendant contradicts themselves), ask the judge in advance — they may allow it in rare cases.

Is there a cost to applying for an oral examination?

Yes. There is a court fee for the application, listed in the EX50 civil court fees guide on GOV.UK, and you may be able to get Help with Fees. Also, if the defendant applies to discharge (cancel) the order, there may be a hearing where costs are at issue. If you succeed in enforcing the judgment through information gathered at the examination, any costs you have incurred in enforcement can usually be added to the debt.

File Form N316 (Application for order that debtor attend court for questioning) at court — or Form N316A where the debtor is an officer of a company — together with details of the judgment and the amount still owed, and pay the court fee. You will need to explain why you believe the defendant has assets or income and why an examination is necessary — for example, "The defendant has not responded to requests for information about their means. They own a property (see Land Registry extract, exhibit A) but deny having money to pay the judgment."

The court will then issue an Order to Obtain Information (also called an Order to Attend and Be Examined), setting the date and location of the hearing. It must be served personally on the defendant at least 14 days before the hearing, usually by you. They must attend.

The hearing usually takes place at the County Court hearing centre nearest the defendant. The defendant takes an oath or affirmation to tell the truth. Questioning is normally carried out by a court officer. You can attend and ask your own questions too, either through a solicitor if you have one or directly if you are representing yourself. If you asked for the hearing to be before a judge and the court agreed, you must attend and do the questioning yourself.

Common questions cover:

The court officer or judge will intervene if questions are abusive, irrelevant or oppressive. You must stay focused on the defendant's means — their ability to pay.

The judge will listen to the evidence and make findings about the defendant's means. These findings will then inform the next stage of enforcement. For example:

If the defendant has regular income: Apply for an attachment of earnings order, deducting a proportion of wages each month.

If the defendant has savings or a bank account: Apply for a third-party debt order, freezing the account and redirecting funds.

If the defendant owns property with equity: Apply for a charging order, securing the debt against the property.

If the defendant has no assets or income: The court may make an administration order, allowing the defendant to pay in small instalments over time.

An oral examination also puts pressure on the defendant psychologically. They must admit assets or face contempt of court for lying under oath. Many debtors agree to pay — or to a payment plan — once they realise the court is serious about enforcement.

Research beforehand. Check Land Registry for property, Companies House for business interests, and social media for clues about spending and assets. Go into the examination with a list of questions based on evidence you have already found.

Bring documents. Take copies of the judgment, your correspondence with the defendant, and any evidence you have of assets or income (property deeds, business websites, bank statements if you have access, invoices showing he has received money).

Stay calm. Do not get angry or aggressive, even if the defendant is evasive. The judge will notice if you are reasonable and professional. Let the defendant's dishonesty (if any) hang in the air — the judge will see it.

Listen carefully to answers. Do not rush to the next question. If an answer is vague, push for clarity: "You say you have no savings. Do you have any bank accounts?" Sometimes hesitation or silence speaks volumes.

Questioning about means — builder judgment

You have a £12,000 judgment against a builder who abandoned your kitchen renovation. He claims he is "broke." At oral examination, you ask:

Q: "Are you currently working?" A: "No, I am between jobs."

Q: "When was the last time you had regular employment?" A: "About two months ago."

Q: "What is the address of the property you own, Mr. Smith?" [You have checked Land Registry and found he owns a house] A: [After some hesitation] "42 Elm Road, Manchester."

Q: "Is that property mortgaged?" A: "Yes, to the Bank of Scotland. About £120,000 outstanding."

Q: "What is it worth, in your view?" A: "Maybe £200,000."

Q: "So you have equity of £80,000?" A: "Yes, I suppose so. But I need to live there."

Result: You now know he has substantial equity in a property. You can apply for a charging order, securing the debt against the house. When he sells or remortgages, you will be paid.

Attachment of earnings order

Third-party debt order

Order to obtain information: oral examination of a debtor

An oral examination, now called an order to obtain information, makes a judgment debtor answer questions about their means. How to apply on form N316.