Oral examination: questioning the defendant about their means

A court hearing where you question the judgment debtor under oath about their income, assets and ability to pay. One of the most powerful enforcement tools available.

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

For an oral examination, the court sets the hearing date and serves notice on both you and the defendant. The usual notice is 14 days, but the court may shorten this if the judgment is very recent or if urgent circumstances exist. The defendant must attend or have a representative there — failing to attend without good reason is contempt of court and can lead to further sanctions.

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?

There is no fee for applying to the court for an oral examination order. However, 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.

Oral examination: questioning the defendant about their means

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An oral examination is a court hearing at which a judgment debtor (the person who owes you money) is required to attend and answer questions under oath about their financial means — income, assets, debts and ability to pay. The debtor can be questioned about business interests, property ownership, bank accounts, pensions and spending patterns. The information gathered is used to decide how best to enforce the judgment.

Debtors Act 1914, s.6

— Power to examine debtor as to means

Civil Procedure Rules, Part 71

— Orders to obtain information from judgment debtor

— Application notice

When an oral examination makes sense

You have a judgment for £8,000, but the defendant claims to have no money and no assets. How do you enforce it? An oral examination allows you to investigate. The defendant must attend, take the oath and answer your questions — truthfully.

This is particularly useful when:

If the defendant is very wealthy or the debt is small, an oral examination may not be worth the time. If the debt is substantial and the defendant is hiding assets, it is almost always worth doing.

(Application notice) at court, together with a copy of the judgment and proof of service on the defendant. The court will not charge a 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. This order is served on the defendant. They must attend.

The hearing takes place in a judge's chambers or a court hearing room. You, the defendant and usually a judge will be present. The defendant takes an oath or affirmation to tell the truth. You then question them — either through a solicitor if you have one, or directly if you are representing yourself.

Common questions cover:

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

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:

"Are you currently working?"

"No, I am between jobs."

"When was the last time you had regular employment?"

"About two months ago."

"What is the address of the property you own, Mr. Smith?" [You have checked Land Registry and found he owns a house]

[After some hesitation] "42 Elm Road, Manchester."

"Is that property mortgaged?"

"Yes, to the Bank of Scotland. About £120,000 outstanding."

"What is it worth, in your view?"

"So you have equity of £80,000?"

"Yes, I suppose so. But I need to live there."

You now know he has substantial equity in a property. You can apply for a

, securing the debt against the house. When he sells or remortgages, you will be paid.

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:

attachment of earnings order

, deducting a proportion of wages each month.

If the defendant has savings or a bank account:

third-party debt order

, freezing the account and redirecting funds.

If the defendant owns property with equity:

, 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.

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).

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.

Win your case, enforce your judgment

Start My Claim helps you issue claims and tracks enforcement steps — from Letters Before Action through to oral examinations.